Case Note & Summary
The dispute arose from applications filed under the Administrative Tribunals Act, 1985 by respondents seeking parity in pay scales between Presenting Officers and Law Assistants. The Central Administrative Tribunal, Lucknow Bench, ruled in favor of the respondents, equating their roles and granting them a higher pay scale. The appellants, Union of India, contested this decision, arguing that the Tribunal overstepped its authority by interfering with pay scales, which should be determined by the executive. The court reviewed several precedents emphasizing that pay fixation is an administrative function and should not be altered by courts unless there is evidence of hostile discrimination. The court found that the respondents were not in a comparable position to the Presenting Officers and that their duties were not identical. Consequently, the Supreme Court allowed the appeal, set aside the Tribunal's order, and dismissed the applications filed by the respondents, stating that the Tribunal's directions were not justified in light of established legal principles regarding pay scale and post equation.
Headnote
A) Administrative Law - Pay Scale Fixation - Authority of Courts - Administrative Tribunals Act, 1985 - Courts should not interfere with pay scales without proper justification as it is an administrative function. The court emphasized that fixation of pay is not within its purview and should be left to the executive, unless there is clear evidence of hostile discrimination. Held that the Tribunal's directions were unjustified (Paras 1-4).
Issue of Consideration
Whether the Tribunal was justified in granting parity in pay scales between Presenting Officers and Law Assistants.
Final Decision
The Supreme Court allowed the appeal, set aside the order of the Tribunal, and dismissed the applications filed by the respondents, stating that the Tribunal's directions were not justified.
Law Points
- Administrative Tribunals Act
- 1985
- Railway Claims Tribunal Act
- 1987
- pay scale fixation
- equation of posts
- hostile discrimination


