SECRETARY, FINANCE DEPARTMENT & Ors. v. WEST BENGAL REGISTRATION SERVICE ASSOCIATION & Ors.

Subsequently the respondents filed an application for interim relief seeking permission to exercise option for the corresponding scale No. 17 G of Rs. 2200-4000 equivalent to the old scale of Rs. &i0-1600 which was allowed by the High Court by its order dated 16th March, 1990. They also · filed an application seeking clarification of the Court's order dated March 16, 1990 and by its order dated 30th March, 1990 the High Court permitted the officers belonging to the posts above the level of Sub-Registrars to o>pt for corresponding scales Nos. 18 and 19. H ~ FINANCE DEPTT. v. W.B. SERVICE ASSN. 899 In appeals to this court against the judgment of the High Court A dated 28th June, 1989 and orders dated 16th and 19th March, 1990 it was contended on behalf of the appdlant ihat (i) the High Court committed a serious error in revising the pay-scale of sub-Registrars in exercise of its extraordinary jurisdiction under Article 226 of the Constitution because pay fixation was essentially an executive function ordinarily undertaken by an expert body like a Pay Commission whose recommendations are not justiciable; (ii) there being no scheme as 'Constituted State Service' the employees have been categorised as Group' A', 'B', 'C', and 'D' on the basis of evaluation of their work and the recruitment policy. For examination purposes the State Public Service Commission has placed· the Sub Registrars in Group 'D' whereas those in scale No. 17 fall in Group 'A'. C Therefore, they are not comparable and cannot be placed in same pay scale. B On behalf of the respondents it was contended that since after 1981 the qualification of a degree in law, as required in the case of Munsiffs, D was also added to their eligibility criterion, they should be equated with Munsiffs in the matter of pay-scale. Allowing the appeals and setting aside the orders of the High Court, this Court, HELD : 1. The High Court committed a serious error in law in holding that the Government's action in not granting the scale No. 17 to Sub-Registrars was violative of Article 14 of the Constitution. [915G] E

#2. Equation of posts and determination of pay-scales is the primary function of the executive and not the judiciary and, therefore, ordinarily F courts will not enter upon the task of job evaluation which is generally left to expert bodies like the Pay Commissions etc. But that is not to say that the Court has no jurisdiction and the aggrieved employees have no remedy if they are unjustly treated by arbitrary state action or inaction. [912E-F]