P.SRINIVASAN, J. - (1.) All the applicants before us -ten of them -were initially recruited as Chowkidars and Mazdoors under the Garrison Engineer, Central and Fort William in the Military Engineering Service (MES), in the grade of Rs. 196 -232 on various dates between the years 1960 to 1978. In 1984 on different dates, they were appointed as Motor Pump Attendants (MAP) which carried a pay scale of Rs. 260-400 at the time. Their pay was duly fixed at the minimum of the scale on such promotion and they continued to draw pay in that scale earning increments from time to time. However, by two letters, dated 4 -7-87 and 12-8-87, the Assistant Garrison Engineer conveyed the decision of the Authorities to bring down the scale of the applicants and a few others from Rs. 260-400 to Rs. 210-290 retrospectively from the dates they were appointed as M.P.A.'s and to redesignate them as MPA (Mate) from that date. As a result, amounts paid to them as pay and allowance in the past in excess of the pay scale of Rs. 210 -290 were sought to be recovered from them. The applicants are aggrieved with the aforesaid two letters, dated, 4-7-87 & 13-6-87.
(2.) Shri N. L. Pal assisted by Ms. S. Banerjee for the applicants and Shri D. N. Das with Ms. Uma Bhattacharya for the respondents have been heard.
(3.) In order to appreciate the nature of the controversy between the parties, it is necessary to set out the facts giving rise to it, It is common ground that the posts to which the applicants were initially recruited were categorised as unskilled and carried a pay scale of Rs. 196 -232. The post of MPA was categorised as semi -skilled and carried a pay scale of Rs. 210-290 with effect from 1-6-1973 after the report of the Third Pay Commission. However, it appears that the Pay Commission suggested the appointment of an Expert Classification Committee (ECC) to classify posts in the Defence Department into different categories and to recommend the pay scale to be attached to each such category. After considering the recommendations of the ECC, Government, took a decision conveyed in Ministry of Defence Letter, dated 16-10-1981, Annexure A to the application, to classify industrial workers in MES into five categories each with a separate scale of pay. One such category -with which we are concerned here -was the skilled category for which the scale prescribed was Rs.260-400. More specifically the scale of pay of MPA which was hither to Rs. 210-290, was revised as per Annexure I to the letter to Rs. 260 -400 thereby treating it as falling under' the skilled category instead of under the semi -skilled category. Para 2 of the -letter narrated "As a result of the fitments, a number of jobs carrying the semi -skilled scales will stand upgraded to the skilled grade of Rs. 260-400: creating a vacuum in the grade structure at the semi -skilled level. In such cases viable feeder grades should be identified at the semi -skilled level in the same or allied trades or the posts of these jobs should be apportioned between the scales of Rs. 260-400 and Rs. 210-290. However, the fitment of the existing staff in the higher grade of Rs. 260 -400 should not be held till the completion of the exercise...... The higher scales laid down in these cases will be given to the workers after appointment" (obviously a mistake for apportionment), "of posts in these jobs in these two scales." The respondents say in their reply that the revised scale was made applicable only to 10% of the posts of MPA, the rest continuing in the former scale of' Rs. 210-290. These orders were to be effective from 10-10-1981.;