High Court · 2025

Mr. Bhupesh Kandpal, Advocat e respondent no. 1.

3. This int ra- court appeal is direct ed against t he j udgm ent and order dat ed 16.05.2017 passed by learned Single Judge in Writ Pet it ion ( S/ S) No. 1104 of 2017. I m pugned j udgm ent is ext ract ed below: - “ Learned counsel for t he pet it ioner subm it s t hat present lis is squarely cov er ed by t he j udgm ent rendered by in Writ ( S/ S) No. 1575 of 2007 on Pet it ion 16.03.2017. t his Court Accordingly, t he w rit pet it ion is disposed of in t erm s of j udgm ent cit ed hereinabove. The respondent s are dir ect ed t o im plem ent t he recom m endat ions of 5t h Pay Com m ission w.e.f. 01.01.1996. The arr ear s et c. shall be paid wit hin a period of 12 weeks fr om t oday.”

4. Nat ional I nst it ut e of Visually Handicapped has challenged t he said j udgm ent on t he ground t hat t he writ pet it ion filed by respondent no. 1 was wrongly decided t erm s of j udgm ent rendered in Writ Pet it ion ( S/ S) No. 1575 of

5. Learned senior counsel appearing for t he appellant subm it s t hat in Writ Pet it ion ( S/ S) No. 1575 of 2007 issue was ent irely different , as t he writ pet it ioner was claim ing benefit of pay revision as per 5 t h Pay Com m ission Report , from

01.01.1996, while t he com pet ent aut horit y had given him benefit of pay revision from a lat er dat e, while t his case, writ pet it ioner ( respondent no. 1) was seeking upgradat ion of his pay scale from `5000- 8000 t o `7450- 11500 from due dat e.

6. Learned counsel for t he respondent no. 1 subm it s t hat t he 6 t h Cent ral Pay Com m ission report was accept ed by t he Cent ral Governm ent in respect of Cent ral Governm ent em ployees, however, t he em ployees serving in Nat ional I nst it ut e of Visually Handicapped, were left out t heir pay was not revised, which was unj ust .

7. Learned counsel for t he appellant subm it s t hat writ pet it ioner ( respondent no. 1 herein) was relying on t he report of 6 t h Cent ral Pay Com m ission, whereby pay scale of ‘Forem an’ t o `7450- was recom m ended t o be revised 11500, however, such recom m endat ion was not accept ed by t he Cent ral Governm ent . Thus, he subm it s t hat lear ned Single Judge wit hout considering as t o w het her report of 6 t h Cent ral Pay Com m ission binding t he Governm ent and whet her a m andam us t o grant t he revised pay scale based on recom m endat ion m ade by Pay Com m ission, can be issued or not , direct ed t he I nst it ut e t o give revised scale as per t he report , w.e.f. 01.01.1996. He subm it s t hat pay revision of em ployees has financial im plicat ions, t herefore court s are generally loat he in issuing such direct ions.

8. This Court subst ance t he subm ission m ade by learned senior counsel appearing for t he appellant . Recom m endat ion m ade by t he Pay Com m ission is only advisory in nat ure and not binding upon t he Governm ent , Cent ral or St at e.

9. Since t he Cent ral Governm ent did not accept t he recom m endat ion of 6 t h Cent ral Pay Com m ission as regards t he Forem an serving in NI VH, t herefore, t he direct ion t o pay t he pay scale as per t he report of t he Pay Com m ission could not have been issued, unless t here is som e valid reason for doing so.

10. Even ot herwise also, t he reliance on j udgm ent rendered in Writ Pet it ion ( S/ S) No. 1575 of 2007 is m isplaced, as t he quest ion involved in t he said case was ent irely different .

11. I n such view of t he m at t er, t he im pugned j udgm ent is set aside and t he Special Appeal is Allowed. However, t he pet it ioner ( respondent no. 1 herein) shall be at libert y t o m ake represent at ion for revision of his pay scale, as per recom m endat ion m ade by 6 t h Cent ral Pay Com m ission, t o t he Com pet ent Aut horit y. I f he m akes such represent at ion wit hin t wo weeks from t oday, t he com pet ent aut horit y shall exam ine t he m at t er and t ake decision as per law, wit hin four m ont hs t hereaft er. ( A sh i sh N a i t h a n i , .J.) ( Ma n o j Ku m a r Ti w a r i , .J.)

06.05.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006d a82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA