RAMAKRUSHNA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners in these writ applications seek quashing of the decision of the Government in the Finance Department (Annexure -3) revising and lowering the scales of pay fixed by the Orissa Revised Scales of Pay (for non Gazetted Officers) Rules, 1974 (for short,the Rules') for the posts of Head Traversers, Traversers Grade - I and Traversers Grade II, in exercise of power vested under rule 13 of the Rules.

(2.) THE petitioners were working as Traversers in defferent grades in the Survey and Map 'Publication Organisation of the State Government. Prior to 1. 1, 1974, the scales of pay of the posts were as follows : - Head Traversets -Rs. 155 -2507 - Traversers Gr. I -Rs. 125 -220/ - Traversers Gr. II -Rs. 115 -180/ - The State Government constituted the Fourth Pay Committee to undertake comprehensive revision of the existing structure of the pay scales of the various catagories of the State Government employees and the Dear ness Allowance admissible to them, and to make recommendations for their retionalistion and suitable revision. The Committee received representations from and heard various organisations and associations and also the departments of Government and submitted its report on 30. 3. 1974. As regards Traversers and Computers, it observed and recommended as follows. - '22. The minimum qualification prescribed for the Traversers of this organisation is Matriculation. After appointment the candidates are to undergo training in Traverse Survey and computation work for a period of two years. During training, the trainees get a fixed pay of Rs. 110/ - per month and only after successful completion of training they are appointed as Grade II Traversers in the ,scale of Rs, 115 -180. Grade I Traversers (in Rs. 125 -220 scale of pay) are selected from amongst the competent Grade II Traversers. There are posts of Head Traversers in the scale of Rs. 115 -150; - which is the promotion avenue for Grade I Traversers. The Traversers of this Office in their memorandum have mentioned that they are required to undertake traverse survey of unsurveyed arease before detailed cadastral survey is undertaken by the Settlement Organisation. For this purpose they have to remain in inaccessible areas continuously for long duration with consequent loss of amenities. Their nature of work is also very arduous. They have suggested certain scales of pay. 23. The Service Association has mentioned that the pay scales of Traversers and Computers should be equated with the Kanungos and with the Engineering Overseers. We do not agree with this view as the Kanungos have higher minimum educational qualification as compared to Computers and Traversers and are also expected to discharge more responsible functions. For the same reason they pay scales of Computers and Traversers cannot also be equated with the Engineering Overseers. Having regard to all the relevant factors, we recommend the following scale of pay :Traversers Grade II -370 -550/ -Traversers Grade I -375 -620/ -Head Traversers -475 -750/ -Traverse DetachmentOfficer -500 -825/ -Computing SectionComputer Grade II -300 -410/ -Computer Grade I -300 -430/ -Head Computer -320 -500/ -Chief Computer (N. G.) 370 -570/ - As regards the aforesaid categories of employees, Government accepted the recommendation and the Orissa Revised Scales of Pay Rules, 1974 made under Article 309 of the Constitution of India were notified on 2. 9. 1974. The Rules were retrospectively enforced from 1. 1. 1974. Rule 4 reads as follows : - 'Scale of pay of the post : -As from the commencement of these rules, the scale pf pay of every post specified in Column 2 of the 1st Schedule shall be as specified against it in Column 4 thereof.' The relevant portion from the Rules relating to the scales of pay is as under : 'SI. Name of the Post. Existing scale Revised scaleNo. of Pay. of Pay.232. Head Traverser 155 -250 475 -750/ -233. Traverser Grade I 125 -220 375 -620/ - 234. Traverser Grade II 115 -180 370 -550/ -' Upon the enforcement of the Rules with effect from 1.1. 1974, the petitioners became entitled to and drew their pay according to the revised scales of pay. They drew increments also according to the revised scales. About two years thereafter Government purporting to act under rule 13 issued a notification revising the scales of pay enjoyed by the Traversers under the Rules by lowering the same as under: Name of the post Revised scale of Further revisedpay as per the scale of pay.report of thePay Committee.Head Traversers 475.750 400 -620 Traversers Grade I 375 -620 370 -570Traversers Grade II 370 -550 320 -500 Rule 13 is as follows : -

(3.) MR , R. Mohanty, the learned counsel for the petitioners, has strenuously contended that the report of the Pay Committee having been accepted and rules under Article 309 fixing the scales of pay having been framed, it was not open to the Government to lower the scale of pay of the petitioners on the pretext of removing an anomaly under Rule 13. It was not a case of anomaly. Moreover, as the petitioners were going to be substantially affected by the lowering of their scales of pay after almost two years and by the direction for recoveryt the State Government was obliged to afford them an opportunity of being heard. The decision of the Government as in Annexure.3 violated the principles of natural justice.