O R D E R
This special leave petition arises from the order of the Central Administrative Tribunal, Madras, made on 13.9.96 in O.A. No.1369/93. The petitioner are the Permanent Way Inspectors in the pay scale of Rs.1400-2300/-. They had sought the pay scale of Rs.1600-2660/- and when that was not given, they approached the Tribunal which has rejected their claim. Thus, this special leave petition.
It is their contention that the Permanent Way Inspectors, Gr.III, Permanent Way Mistries and Direct Track Maintenance Mistries ar separate cadres and are subordinate to the Petitioners. Therefore, they are entitled to higher scales of pay. It is true that, in an earlier batch of four applications by similarly situated employees, the Central Administrative Tribunal, Bangalore Bench has given direction to grant the pay scales claimed by them. After the special leave petition was disposed of by this Court and an order was made in a contempt petition by the Tribunal, the Government considered the matter in the light of the decision given by the Central Administrative Tribunal, Bangalore. On consideration thereof, by proceedings dated July 12, 1991, the Government have stated as under :
"In obedience duty directions
issued by the Honourable Central
Administrative Tribunal, Bangalore
Bench in the order dated 27.7.89
passed in application Nos.2029 &
2039 to 2041/1988, is advised the
Ministry of Railway (Railway Board)
in consultation with the Ministry
of Finance, which is the nodal
ministry for deciding and on
issuance pertaining to pay scale
and relative aspect of Central
Government employees have made due
evaluation of the nature of duty
and evaluation of the nature of
duty and responsibility of the
PW1’s Grade III with that of PWM &
DTM on such evaluation of all
aspect it has been observed that
Kholder of the post of PWI Grade
III performs substantially the same
or similar duties and
responsibilities and therefore
there are no circumstances to
revise the scale of pay of PWI
Grade III to the scale of pay
higher than the one fixed in the
Railway Services (revised pay) rule
1986 issued by the President
pursuant to the recommendation made
by the IVth Pay Commission."
This was accepted by the Bangalore Tribunal in the contempt proceedings. When the petitioners raised the similar contention, the Tribunal did not accept their contention. It is seen that the Government after evaluating the nature of the duties and responsibilities of the different sets of officers as mentioned in the order, came to the conclusion that they perform substantially the same and similar duties and responsibilities and that, therefore, they did not find any reason to revise the pay scales of Permanent Way Inspectors, Gr.III to the scale of pay higher than one fixed by the Railway Department in the Railway Services (revised pay) Rules, 1986 as recommended by the IVth Pay Commission. A representation seems to have been made before the Vth Pay Commission and the Vth Pay Commission has given the report to the Government. Therefore, based on the submission of the report of the Vth Pay Commission and acceptance by the Government, the petitioners’ pay would be looked into. The Tribunal’s order is consistent with law. Therefore, it does not warrant any interference.
The special leave petition is dismissed accordingly.