Supreme Court of India
UNION OF INDIA AND ORS.versusSANTIRAM GHOSH AND ORS.
- Citation
- 1988 INSC 341
- Decided
- 2 November 1988
- Disposal
- Dismissed
- Bench
- M M DUTT
Holding
The Board of Arbitrators acted beyond its terms of reference, and the Tribunal was correct in directing the allocation of the Rs.550‑900 pay scale to the existing Scientific Assistants.
Summary
The Union of India appealed a decision of the Central Administrative Tribunal which had set aside an award of a Board of Arbitrators and directed that Scientific Assistants of the Botanical Survey of India receive the Rs.550‑900 pay scale. The Board had been tasked only with deciding whether the revised scale of Rs.550‑900 should be allocated to the post, but it prescribed two separate levels of pay, exceeding its terms of reference. The Supreme Court held that the Board’s award was illegal because it went beyond the specific mandate. It further examined the Pay Commission’s recommendation that two levels be created only where the nature of work required originality and independent investigation, which the Tribunal found was not the case for the existing assistants. Consequently, the Court upheld the Tribunal’s order that the existing Scientific Assistants be granted the Rs.550‑900 scale while future recruitment could follow the Pay Commission’s recommendations. The appeal by the Union was dismissed.
Issues considered
- Whether the Board of Arbitrators exceeded its jurisdiction by prescribing two pay levels beyond the terms of reference.
- Whether the Scientific Assistants of the Botanical Survey of India are entitled to the revised pay scale of Rs.550‑900 with effect from 1 January 1973.
- Whether the nature of the work performed by the Scientific Assistants justifies classification as Level‑I under the Pay Commission’s recommendations.
Legislation cited
Subjects
pay scale classificationBoard of Arbitratorsterms of referenceCentral Administrative TribunalScientific AssistantsThird Central Pay Commissionjob content analysisadministrative law
Judgment
UNION OF INDIA AND ORS.
A
v.
SANTIRAM GHOSH AND ORS.
NOVEMBER 2, 1988
[MURARI MORON DUTT ANDS. NATARAJAN, JJ.]
Civil Services: Botanical Survey of India-Scientific Assistants- .
Classification and pay scales-Fixation of_:_Scientific Assistants Level I
and Scientific Assistants Level-II-Division in grad~Whether valid.
The respondents were working as Scientific Assistants in the office
C: of the Botanical Survey of India in the scale of Rs. 210-425. The Third
Central Pa_y Commission had considered the cases of the Scientific
Assistants generally and had recommended different levels of scale of
pay for them depending upon their education and job content. On the
basis of the Pay Commission recommendation, the Scientific Assistants
II> in the office of the Botanical Survey of India were allocated Scientific
Assistants Level II pay-scale with effect from l.J.1973. The respon·
dents, on the other hand, claimed the scale of Rs.550·900 recommended
by the Pay Commission for Level I posts, which scale was also recom•
mended by the Committee of the Joint Consultative Machinery. The
Government referred the matter to a Board of Arbitrators to consider
whether the Scientific Assistants of the Botanical Survey of India were
IE entitled to the revised scale of Rs.550·900. The Board, however, recom·
mended two levels of scale of pay, as had been done by the Pay •
Commission.
Feeling aggrieved by the Award of the Board, the respondents
F filed a writ petition which was transferred by the Calcutta High Court
to the Central Administrative Tribunal, Calcutta. The Tribunal came
to the finding that in recommending two levels of scale of pay the Board
of Arbitrators had travelled beyond the terms of reference. Accord·
ingly, the Tribunal set aside the Award, allowed the writ petition and
accorded to the respondents the benefit of the scale of pay of Rs.550·
G 900.
Dismissing the appeal, it was,
HELD: (I) The terms of reference of the Board of A.rbitrators
-H was very clear and specific. Under the terms of reference there was no scope
754
U.0.1. v. SANTIRAM GHOSH 755
for prescribing two levels of scale. It was therefore apparent that the A
Boarjl had acted beyond the terms of reference, and its award was
illegal and not binding upon the parties. [758G-H; 759AJ
(2) The Pay Commission had suggested two levels on the basis of
• nature of scientific work and the qualifications required therefor, the B
higher grade requiring a post-graduate education and calling for some
degree of originality and capacity for independent '!Ork. At the same
time, the Pay Commission had observed that before dividing the grade of
Scientific Assistants into two levels, the job content of the post should be
taken into account. [7590; 760B-C]
(3)The two levels could be brought into existence if the nature of
c
work which was being performed by the scientific Assistants of the
Botanical Survey of India called for some degree of originality and
carrying out of Independent work and investigation, which was the
guiding factor for such a division. [759F-G]
D
(4) It has been found by the Tribunal that the Scientific Assis-
tants of the Botanical Survey of India were not expected to exhibit
any originality or capacity for doing any Independent work and that
the job contents of the existing Scientific Assistants were similar to
those of Level-II Scientific Assistants recommended by the Pay E
Commission. [760FJ
(5) As the job content did not require the qualifications as pre-
scribed by the Commission for the Level-I Scientific Assistants, it would
not be prudent to divide the post of Scientific Assistant into Level-I and
Level-II. At the same time, the existing Scientific Assistants should not F
be deprived of the pay-scale of Rs.550-900. The appellants may give
effect to the recommendations of the Pay Commission with regard to the
future recruitments after framing rules in that regard. [760G-H; 761B]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6 of
1988. G
From the Judgment and Order dated 17.3.1987 of the Calcutta
High Court in T.A. No. 516 of 1986.
D.N. Diwedi, A.K. Srivastava, P. Parmeswaran and C.V. Subba
~~~~~-· H
756 SIJPREME COURT REPORTS [1988) Supp. 3 S.C.R.
A P.P. Rao and Amlan Ghosh for the Respondents.
The Judgment of the Court was delivered by
DUTT, J. This appeal by special leave preferred by the Union of
~ India and Others is directed against the judgment of the Central •
Administrative Tribunal, Calcutta Bench, Calcutta, whereby the Tri-
bunal set aside the Award of the Board of Arbitrators and directed the
appellants to accord the benefit of the scale of pay of Rs.550-900 to the
Scientific Assistants working in the Botanical Survey of India with
effect from January 1, 1973 with all consequential reliefs.
Before January l, 1973, the scale of pay of the Scientific
Assistants in the Botanical Survey of India was Rs.210-425. The Third
Central Pay Commission, hereinafter referred to as the 'Pay Commis-
sion', made certain recommendations with respect to the Scientific
p Assistants. Clause (i) of paragraph 41 of the Report of the Pay Com-
mission 1·eads as follows:
"4l(i). In our view, below the gazetted staff there are at
least two distinguishable levels of scientific work which
require graduates or post-graduates. The higher grade
E would require a post-graduate education and call for some
degree. of originality and capacity for independent work.
Such scientific assistants should, in course of time, be able
to carry out independent investigations of the iype con-
ducted by scientific officers. The lower grade could be ade-
qtmtely manned by the good science graduates. The work
at this level would be mostly standardised and conducted
~nder the guidance of gazetted officers. Scientific Assis-
iants in this grade should have reasonable expectations of
moving to the higher grade. Thus a structure of two grades,
instead of a single integrated grade, would serve the pur-
pose of paying for the jobs at rates appropriate to the
responsibilities, and at the same time provide an incentive
to good performance."
The Pay Commission recommended four levels of pay for the
Scientific Assistants under Table XL Level-I and Level-II under Table
XL with which we are concerned, are extracted below:
U.0.L v. SANTIRAM GHOS.H {DUTT, J.J 757
TABLE XI A
Existing Proposed Qualification for
scale (Rs.) scale (Rs.)
Level I 550-900 M. Sc./First Class. B.Sc. B
325-575 (Honours) or Diploma in
Engineering/Second Class.
B.Sc. with 3 years
experience.
Level II 425-700 Second Class B.Sc.
210-425 (Honours) or B.Sc. with
c
not less than 55%
of marks in aggregate or
Diploma in Engineers.
The respondents Nos. 1. to 8, who are working in the_ Office of D
the Botanical Survey of India as Scientific Assistants, claim that they
·should be given the pay-scale of Level-I, that is, Rs.550-900, as recom-
mended by the Pay Commission. The demand of the respondents was
considered by a Committee constituted by the Office Council of the
Joint Consultative Machinery. The Committee,_ which was headed by
Dr. A.S. Rao, came tci the cortchiSion that the posts of Scientific E
Assistants in the Botanical Survey of India should be allocated the
pay-scale of Rs.550-900 in terms of the recommendation of the Third
Pay Commissio9. As the Government did not agree to the conclusion
of the A.S. Rao Committee, the matter was referred to a Board of
Arbitrators on July 17, 1980. The terms of reference tci the Board of
Arbitrators was as follows: F
"Whether the post of Scientific Assistant of the Botahltal
Survey of ltidia should oe allocated tlte revised stale of
Rs.550-900 in terms of 3rdFay CommissiOh'S recoi!imetlda-
tions effeciive from l. !. i973."
The Board of Arbitrators made the following Award:
"All the Scientific Assistants who are cotitinuiilll as Sdert-
tific Assistants since 1. 1. 1973 and who possess the pres-
cribed qualification for Levelci, i.e~ M.Sc./Fitst t:iass l:i.St.
(Hons.)ISeeonci Class B.Sc. \Vi!h :i .years expelieilre shaii H
758 SUPREME COURT REPORTS [1988] Supp. 3 S.C.R.
A be placed in the scale of Rs.550-900 with immediate effect
i.e. the date of this Award and shall be deemed to be auto-
matically absorbed in the grade of Senior Scientific
Assistants, irrespective of the fact whether there are vacan-
cies in the grade or not.
B Government is further directed to frame proper Recruit-
ment Rules for the posts of Senior Scientific Assistant-
Level-I and Scientific Assistant-Level-II at the earliest in
accordance with the recommendations of the Third Pay
Commission after taking into consideration the qualifica-
tions prescribed for both levels so that in future the
manning of the majority of the posts in these grades is by
c direct recruitment and rest by promotion form the next
lower level."
Feeling aggrieved by the Award of the Board of Arbitrators, the
respondents filed a writ petition before the Calcutta High Court which
D was, however, transferred to the Tribunal under the provision of sec-
tion 29 of the Administrative Tribunals Act, 1985.
The Tribunal came to the finding that the Board of Arbitrators
had exceeded its jurisdiction in travelling beyond the terms of re-
ference. Accordingly, the Tribunal set aside the Award, allowed the
E writ petition and directed the appellants to accord the benefit of the
scale of pay of Rs.550-900 to the Scientific Assistants working in the
Botanical Survey of India in terms of the recommendation of the Pay
Commission with effect from January 1, 1973. Hence this appeal by
special leave.
p The first question that falls for consideration is whether the
Board of Arbitrators had exceeded its jurisdiction in going beyond the
terms of reference. We have already extracted above the terms of
reference ·under which the Board of Arbitrators was required to give its
finding as· to whether the revised scale of pay of Rs.550-900 should be
allocated .to the post of Scientific Assistant of the Botanical Survey of ,.•.
o India. In other words, the Board was to consider whether the Scientific
Assistants of the Botanical Survey of India were entitled to the revised
scale of pay of Rs.550-900. The terms of reference are very clear and
specific. Under the terms of reference there was no scope for prescrib-
ing two levels of scale of pay and the minimum qualifications for each
level as has been done by the Pay Commission. There was also no
H scope for directing the Government to frame proper Recruitment
U.0.1. v. SANTJRAM GHOSH [DUTI, J.] 759
Rules for the posts of Senior Scientific Assistants-Level-I and Scien-
A
tific Assistants-Level-II. It is, therefore apparent that in making the
Award, the Board of Arbitrators has acted beyond the terms of re-
ference. There can be no doubt that when an Arbitrator acts beyond
the terms of reference, the Award is illegal and not binding upon the
parties. The Tribunal has, in our opinion, rightly come to the finding
that the Board of Arbitrators did not have any authority to go beyond B
the terms of reference, and that the Award made by the Board cannot
lawfully bind the staff side including the respondents Nos. 1 to 8. The
Tribunal was, therefore, justified in setting aside the Award.
Now, the question is whether the Scientific Assistants of the
Botanical Survey of India are entitled to the revised scale of pay of
Rs.550-900 with effect from January 1, 1973. It is not disputed that the c
post of Scientific Assistants in the Botanical Survey of India has been
allocated the pay-scale of Rs.425-700 which is the pay-scale recom-
mended by the Pay Commission for the post of Scientific Assistants
Level-II.
D
Clause (i) of paragraph 41 of the Report of the Pay Commission
shows that the two levels have been suggested on the basis of natue of
scientific work and the qualifications required therefore. According to
the Pay Commission, the higher grade, that is, Level-I, would require
a post-graduate education and call for some degree of originality and
capacity for independent work. Such Scientific Assistants should, in E
course of time, be able to carry out independent investigations of the
type conducted by scientific officers. So far as the nature of work
under Level-II is concerned, the Pay Commission took the view that
the work at this level would be mostly standardised and conducted
under the guidance of gazetted officers and·, accordingly, this level
could be adequately manned by good science graduates. Thus, before F
dividing the grade of Scientific Assistants into two levels, it is neces-
sary to consider the nature of work performed by the Scientific
Assistants. In other words, the two levels, as recommended by the Pay
Commission, can be brought into existence, if the nature of work
which is being performed by the Scientific Assistants of the Botanical
Survey of India calls for some degree of originality and carrying out O
of independent work and investigations. In this connection, we may
refer to paragraph 44 of the Report which reads as follows:
"44. Posts in all the organisations which are now in the
scales mentioned in Table XI should be replaced by the
substitutes which we have indicated against each. In case H
760 SUPREME COURT REPORTS [1988] Supp. 3 S.C.R.
A the qualifications prescribed, at present, for any of the
posts do not conform to those which we have indicated in
that paragraph, then the position should b.e reviewed; where
a higher tjtialification has been prescribed, and if the Work
content of the post justifies its being placed in the higher
level, it Shbtild be upgraded to that level. Otherwise, the
qualification requirements should be commensurately
lowered for the future recruits. . ...... ; . ; . ; ; ....... .
.... .... : . ... .. ."
; : ; ; ; ;
it is not displited that the Pay Commission generally considered
the cl!ses of the Scientific Assistants. Accordingly; the Pay Commis-
t si6ii 6bserved that before dividing the grade of Scientific Assistants
into different levels, the job content of the post should be taken into
consideration: lt is not disputed that the case of the Scientific
Assistatits of l3otankal Survey of lndia has not been specifically con-
sidered by the Pay Commission. if, upon such consideration; the Pay
CommisSl611 had recommended the division of the posts of Scientific
Q Assistants Into Level-I and Level-II, there would not have been any
difficulty in giVing effect to the same. lt appears to us that the guiding
factor fOt such division; as recommended by the Pay Commission, is
the job content of the post for Scientific Assistant.
l3efute directing tlie appellants to accord the benefit of the scale
E of pay ot Rs550-900 to the Scientific Assistants of the Botanical
Survey of India; the Tribunal has taken into consideration the duties
performed by them. The duties of Scientific Assistants are "to assist in
scientific research, prepare notes after c<insulta.tion with literature,
identification and cataloguing of flora and studying them in their
vatlous aspects in the field as weil as in the Herbarium and the iabo-
F tatory". lt has been found by the Tribunal that the Scientific
Assistants of !lie lfotan!Cal Survey of Ihdia ate iiot expected to exhibit
any originality tit capacity for doing any Independent work and that
the job coiitents of the existing Scientific Assistants are similar to those
of Level-II Scientific Assistants recommended by the Pay Commis-
siiln. The tribunal has also noticed one very significant fact that one
(J Shti M.K. Deka, a non-matric has been posted as an Orchidariam
Keeper ill the scale of pay of Rs.550-900. He that as it may, as the job
content does not require the qualifications as prescribed by the Com-
mission for the Level-I ScientificAssistants, it will not be prudent to
divide the post of Scientific Assistant into Level-I and Level-II. At
the salile time, the existing Scientific Assistartts should not be deprived
H ofthe pay-scale ofRs.55tl-lJOO.
U.0.1. v. SANTIRAM GHOSH [DUrt, J.] 761
In the circumstances, we are of the view thai the Tribunal was A
perfectly justified in directing allocation of the revised pay-scale of
Rs. 550-900 to the existing Scientific Assistants of the Botanical Survey
of India. We, however, make it clear that the appellants may give
effect to the recommendations of the Pay Commission with regard to
future recruitments after framing rules in that regard. Bui, so far as the 13
existing Scientific Assistants are concerned; we uphold the judgment
of the Tribunal. ·
For the reasons aforesaid, this appea:i is dismissed. there will,
however, be no order as to costs.
R.S.S. Appeal dismissed,
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