FEDERATION OF ALL INDIA CUSTOMS AND CENTRAL EXCISE STENOGRAPHERS RECOGNISED Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 32 of the Constitution in a representative capacity on behalf of the stenographers (Grade I) who are attached with officers in the pay scale of Rs. 2500-2750 (Level I), seeks parity with the pay scale of the stenographers attached to the Joint Secretaries and officers above that rank. It is stated that the petitioners are in the pay scale of Rs. 550-900. The petitioners' claim that they should be placed in the pay scale of Rs. 650-1040 with effect from lst of January, 1973. It must, however, be mentioned that this petition was filed on or about 7th of May, 1982 and submissions on this petition were made in the end of November, 1986. Therefore, the position pertaining to the controversy in this case is prior to the report or the implementation of the Fourth Pay Commission. In short, the petitioners are personal assistance and stenographers attached to the heads of the departments in the Customs and Central Excise Departments of the Ministry of Finance. They assert that they have been and are discriminated vis-a-vis personal assistants and stenographers attached to the Joint Secretaries and officers above them in the Ministry. In brief, it is the case of the petitioners that between 28th of January, 1955 to 8th of November, 1957 the Ministry of Finance prescribed certain educational qualifications and technical proficiency qualifications for both Stenographers and Steno-typists. On or about 26th of April, 1968, the Department of Revenue, Central Board of Excise and Customs made provisions for filling the posts of Stenographers by direct recruitment and prescribed qualifications etc. for the same. In July, 1969 the Government of India, Ministry of Home Affairs classified the posts of Stenographers sanctioned at different levels into four grades viz., Grade III, II, I and Selection Grade. Posts attached to Secretaries and Additional Secretaries were classified as Selection Grade originally and were given pay of Rs. 350-(500)-900 with effect from 1st of August, 1969, Stenographers Grade II (Rs. 210-530) placed with Joint secretaries and officers of equivalent rank were upgraded to Grade I in the pay scale of Rs. 350-(400)-770; Grade II Stenographers were given Rs. 210-530; Grade III stenographers were given Rs. 130-280 and Grade III in petitioner's offices were given Rs. 130-300. It is the case of the petitioners that the counterparts of the petitioners (Grade II Stenographers) were in the pay scale of Rs. 210-530 and petitioners in Rs. 210-425. Criteria of pay scales/status/ rank of officers for the scale of pay of stenographers were made out. In 1970 Ministry of Home Affairs set out the category of officers viz. Joint Secretaries to the Government of India and officers of equivalent rank are entitled to the sanction of scale of category of stenographers Grade ISr. P.A. in the pay scale of Rs. 350-770. Criterion of status/rank of an officer was again established for the pay scale of stenographers. Ministry of Home Affairs on or about 29th of June, 1972 pursuant to the decision taken on that date reached in the NCJCM relates to creation of posts of Stenographers Grade I and Grade II in subordinate offices and other offices of the Government of India and also identified/set out/ clarified that the posts of Stenographers attached to officers whose status is higher than that of Deputy Secretary to the Government of India shall be in the scale of Rs. 210-425. Criterion of status of an officer for scale of pay of Stenographers was again established. Thereafter there was the Third Pay Commission's report which was accepted and recommendations were given effect to. As a result of the various Government notifications thereafter and Rules framed, it is the case of the petitioners that their counterparts, that is to say, Stenographers Grade I attached/sanctioned to the Joint Secretaries and equivalent officers were given the pay scale of Rs. 650-(710)-1040; whereas the petitioners whose posts were/are sanctioned and attached with the officers of the same Government Ministry of Finance and the Department of Revenue and the same administration and Grade Level I (Rs. 2500-2750), Joint Secretaries and Level II (Rs. 2250-2500) Directors, who are also Heads of Departments, and are at par in seniority/promotion with the counterparts officers in the Department of Revenue were given only Rs. 425-700, whereas the Stenographers Grade-I/Senior Grade, the petitioners discharged the same functions and indeed, have sometimes more onerous duties and responsibilities than their counterparts attached with Joint Secretaries and Level-II Directors, according to the petitioners. From the affidavit filed on behalf of the petitioners in reply to the opposition by the respondents, it appears that the method of recruitment in respect of Grade I stenographers in the Department is as follows :

(2.) IN the rejoinder filed on behalf of the petitioners in this application by one Ved Bhardwaj, General Secretary of the Federation, it is stated that the correct position of recruitment and position vis-a-vis the petitioners' counterparts in the so-called secretariat and participating attached offices are as follows :

(3.) THIS petition has been disposed of on the basis of the position prevailing prior to the report of the Fourth Pay Commission and its acceptance or implementation. The respondents on the other hand deny that there is any discrimination, differentiation without basis. The respondents by their affidavit filed by one Shri S. P. Kundu, Under Secretary to the Government of India, Ministry of Finance assert that the Secretariat of the Ministries/ Departments of the Government of India together constitute Headquarters Organisation. In the administrative hierarchy of the Central Government, the Secretariat occupy according to respondents, a key position and the main role of the Secretariat is to help the Government in the tasks of formulation of policies, to prepare programmes in order to translate these policies into co-ordinated action and to ensure the effective execution of Government policies through periodical review. The Secretariat also helps Ministers to discharge their accountability to Parliament including the various Parliamentary Committees. According to the respondents detailed execution of Government's policies specially in the field is left to the agencies outside the Secretariat which are called attached or subordinate offices of the Ministries, but they are always subject to supervision by the Secretariat. The respondents state that to man the various stenographic posts in the Headquarters, the Government constituted the Central Secretariat Stenograhers Service (CSSS) which also caters to the needs of such posts in several attached offices which are known as participating offices. But none of the attached offices, assert the respondents, of the Department of Revenue are participating offices. Therefore, keeping in view the importance and the nature and the type of the work performed in the Ministries/ Departments of the Government of India vis-a-vis those in the attached and subordinate offices and consequently the nature of stenographic assistance required, according to the respondents, the Third Pay Commission recommended different scales of pay for Stenographers in CSSS and those in the non-participating attached and subordinate offices. The respondents in this connection have drawn our attention to the Report of the Third Pay Commission in recommending different and lower scales of pay for the stenographers of the non-participating attached and subordinate offices in comparison with those in the Central Secretariat as follows :