SANJAY KISHAN KAUL, J. - (1.) Indian Railways is the largest civilian employer in the country comprising of six production units and eighteen zones, with each zone having three to six divisions.(Indian Railways Annual Report and Accounts 2019-20 pg. 6.) The total number of employees as on 31.03.2005 was stated to be about 14 lakh with the following distribution of staff strength: JUDGEMENT_54_LAWS(SC)8_2021_1.html * As per the Indian Railways Annual Report and Accounts 2019-20, the current strength is about 12,53,592 as on 31.03.2020.
(2.) The Sixth Central Pay Commission ("6th CPC") report in chapter 7.36 deals with the Ministry of Railways and shows that it has fourteen departments, including the Railway Board. The report examined the demands of these different departments seeking higher pay-scales and allowances for various categories in different departments. We are concerned in the present matter with claims made by Private Secretaries (Grade-II) ("PS-II") employed in the Eastern Central Railways (Field Office/Zonal Railways),for parity in pay with their counterparts working in the Central Secretariat Stenographers Service ("CSSS")/Railway Board Secretariat Stenographers Service ("RBSSS")/Central Administrative Tribunal ("CAT"). We may note at this stage itself that there have been conflicting judicial views on the claim for such parity which we will come to later.
(3.) We may notice that the 6th CPC referred to the demands made by common category posts relating to certain cadres in the Ministry of Railways in para 7.36.95.One of the common category posts is that of "Typists and Stenographers". Thereafter, in para 7.36.96, it was observed that these common categories have been covered by the Commission elsewhere in the report. It was stated that the recommendations made therein shall apply in respect of the common category posts in the Ministry of Railways as well, there being no separate recommendations made for this category. In the aforesaid conspectus we have to turn to Chapter 3.1 of the report of the 6th CPC, which deals with "Headquarters Organisations in Government of India and Office Staff in field offices". The disparity between Secretariat and Field offices is set out in clauses 3.1.2 and 3.1.3, which read as under: "Disparity between Secretariat and field offices 3.1.2 The senior administrative posts in the Secretariat are mainly filled by officers of All India Services and Central Group A services on deputation under the Central Staffing Scheme. Some of the posts in the middle level are also held by officers of the Central Secretariat Services, Railway Board Secretariat Service in Ministry of Railways, Defence Forces Headquarters Services in Ministry of Defence and by Indian Foreign services (B) in Ministry of External Affairs. Historically, various services in the Secretariat have been given an edge over analogous posts in the field offices. This was done on the ground that office staff in the Secretariat performs complex duties and are involved in analyzing issues with policy implications whereas their counter parts in field offices perform routine work relating to routine matters concerning personnel and general administration, etc. Another argument that is used to justify the edge for various posts in Secretariat is that in Secretariat, level jumping occurs and personnel in the grade of Assistant etc. submit files directly to decision making levels of Under Secretary, Deputy Secretary, etc." 3.1.3 Higher pay scales in the Secretariat offices may have been justified in the past when formulation of proper policies was of paramount importance. The present position is different. Today, the weakest link in respect of any Government policy is at the delivery stage. This phenomenon is not endemic to India. Internationally also, there is an increasing emphasis on strengthening the delivery lines and decentralization with greater role being assigned at delivery points which actually determines the benefit that the common citizen is going to derive out of any policy initiative of the Government. The field offices are at the cutting edge of administration and may, in most cases, determine whether a particular policy turns out to be a success or a failure in terms of actual benefit to the consumer. Accordingly, the time has come to grant parity between similarly placed personnel employed in field offices and in the Secretariat. This parity will need to be absolute till the grade of Assistant. Beyond this, it may not be possible or even justified to grant complete parity because the hierarchy and career progression will need to be different taking in view the functional considerations and relativities across the board." (emphasis supplied);