Pradeep Nandrajog, J.@mdashThe petitioners had joined the Indian Army as Tailors and were placed in the pay scale Rs. 210-290. On October
15, 1984, the two were placed in the pay scale Rs. 260-400. With the implementation of the recommendations of the 4th Central Pay
Commission, with effect from January 01, 1986 the two were placed in the pay scale Rs. 950-1500, which was the replacement scale to the scale
of Rs. 210-290 and when the recommendations of the 5th Central Pay Commission were implemented with effect from January 01, 1996 they
were placed in the pay scale Rs. 3050-4590, which was the replacement scale to the scale of Rs. 950-1500. In May 1999 they were placed in
the pay scale Rs. 2650-4000 on being informed that they were wrongly given the pay scale Rs. 260-400 in the year 1984 due to an erroneous
reading of certain orders passed by the Army Headquarters. The two were informed that tailors were semiskilled workmen requiring to be paid
salary in the pay scale Rs. 210-290 and the corresponding replacement pay scales when the recommendations of the 4th and the 5th Central Pay
Commission were implemented and not in the pay scale Rs. 260-400, which was the pay scale of skilled workmen. Recoveries were sought to be
effected. Vide impugned decision dated February 07, 2002 the Tribunal has upheld the action of the respondents in placing the petitioners in the
pay scale Rs. 2650-4000 but has quashed the recoveries sought to be effected.
2. The case of the petitioners before the Tribunal was that the Bangalore, Hyderabad and Guwahati Bench of the Tribunal had quashed the
decision to place Tailors in the pay scale of semi-skilled workmen, which decisions were not interfered by the Supreme Court. The respondents
relied upon a Full Bench decision of the Mumbai Bench of the Tribunal which opined to the contrary after noting the decisions relied upon by the
petitioners as also the fact that the Supreme Court had refused to interfere with the said decisions.
3. The Tribunal, in the instant case, has followed the decision of the Full Bench of the Mumbai Bench of the Tribunal.
4. As regards the decisions of the Bangalore, Hyderabad and Guwahati Bench of the Tribunal it is an accepted position that the Supreme Court
declined to grant leave to appeal against said decisions, and we are speaking of the era when the law declared was that the decisions by the
Tribunal cannot be challenged under writ jurisdiction before a High Court. Thus, it cannot be said that the view taken by the said three Benches of
the Tribunal stands affirmed by the Supreme Court.
5. The grant of the pay scale Rs. 260-400 to Tailors working in the Indian Army in the year 1984 could be traced to the fact that Tailors working
in the Ministry of Defence were always treated as non-industrial workers in semi-skilled category and were placed in the pay scale Rs. 210-290
and not the pay scale Rs. 260-400 which was for skilled workers. The two pay scales were the ones recommended by the 3rd Pay Commission
for semi-skilled and skilled non-industrial workers. There was a demand by Bootmakers, Carpenters, Painters-III and Painters IRC of being
required to be treated as skilled non-industrial workers and for which demand the matter was referred to a Committee which accepted their
demand resulting in the Ministry of Defence issuing an OM No. 3822/DS(O & M)/CW-184 dated October 15, 1984 which reads as under:-
Based on the decision taken by the Government on the unanimous recommendations of the Anomalies Committee, I am directed to convey the
sanction of the President to the following:
(i) Upgradation of the following jobs from semi-skilled grade ( Rs. 210-290) to the skilled grade ( Rs. 260-400):-
These orders supersede the earlier orders in regard to fitment of the above categories of workers in the relevant scales of pay from the date of
issue of this letter.
Fresh induction to the grades listed in (i) above shall be from:-
(a) semi-skilled categories to be identified by you or feeder categories in the pay scale of Rs. 210-290 already existing under the present
recruitment rules, subject to the workers having rendered a minimum of three years'' service in the grade and after passing the prescribed trade
tests; and
(b) direct recruits with III certificate/Ex-trade Apprentices/NCTVT etc. inducted in the semi-skilled Grade II ( Rs. 330-480) and Highly Skilled
Grade-I ( Rs. 380-560) for common category jobs listed in Annexure-I classified as ''Skilled'' depending on the functional requirement of highly
skilled jobs, in the following manner as a benchmark percentage
This should be given to the trades enumerated in Annexure-I with viable number of jobs and if there are non-viable trades these should be grouped
together for the purposes of giving the above benefit. In the trade where the above benchmark percentages are introduced, the selection grade for
the skilled grade, if provided, will stand simultaneously abolished as a one-time measure.
These orders will take effect from the date of issue.
The expenditure involved shall be debitable to the respective Head of the Defence Services Estimates.
This issues with the concurrence of the Ministry of Defence (Finance Division) vide their interdepartmental No. 1755/Dir(AF/Eqpt) of the 15th
October, 1984.
6. When the above letter was circulated amongst different units and regimental centres of the Indian Army some units placed Tailors in the pay
scale Rs. 260-400 but some sought clarification from the Army Headquarters resulting in the Army Headquarters issuing a letter No.
89550/Pay/Org. 1(Pers)(a) dated September 19, 1986 which reads as follows:-
The following categories of civilian personnel were sanctioned the revised scale vide Ministry of Defence letter No. 1(2)/80/D (ECC. IC) dt. 22
Aug 83 (CPRO 81/83) as indicated against each:-
In accordance with para 3 of the above mentioned Govt. Letter where the fitments result in down gradation of jobs, incumbents thereof should be
allowed to draw pay in their present scales of pay till they are vested out or promoted to the next higher post. Further entrants/promotees of these
jobs should, however, be given the revised scales.
3. Vide Govt. of India, Ministry of Defence letter No. 3822/DS/(O & M) Civ-1/84 dt. 15.10.84, sanction has been accorded for upgradation of
following trades from semi-skilled (210-290) to Skilled Grade ( Rs. 260-400):-
(i) Bootmaker
(ii) Carpenter
(iii) Painter/Painter III
(iv) Painter (IRC)
4. From the correspondence received from various units it was observed that some of the employees were still carrying the old scales, Ministry of
Defence was therefore requested to clarify the following points:-
(a) whether employees carrying old scale of Rs. 210-290, 196-232 and Rs. 210-270 can be authorized the revised scale of Rs. 210-290 under
the provisions of CPRO 81/83,
(b) Employees carrying the pay scale of Rs. 210-290 have been sanctioned the revised scale of Rs. 260-400 vide Ministry of Defence letter dt. 15
Oct., 1984, mentioned in para 3 above, Confirm that the revised pay scale of Rs. 260-400 can be further given to employees referred to in para 4
(a) above, w.e.f. 15 Oct. 1984.
(c) Confirm that the employees who were carrying the old pay scale of Rs. 225-308 can be authorized the pay scale of Rs. 260-400 under the
provisions of Ministry of Defence Letter dt. 15 Oct. 84 ibid.
5. Ministry of Defence have now clarified the points mentioned in para 4(a) to (c) above as indicated below:-
(a) Yes.
(b) Yes w.e.f. 15 Oct. 84
(c) Yes w.e.f. 15 Oct. 84 even if they had opted for old scales.
6. In view of the above you are requested to ensure that the personnel concerned are authorized the revised scales accordingly.
7. On a further clarification by the Ministry of Defence the Army Headquarters issued another letter as under:-
1. Ref. your letter No. 500/C/69/CA/(Civ.) dt. 15 Dec. 1997.
2. MOD/D(Civ.-I) has clarified that only those trades which have been given upgraded skilled grades in MOD letter No. 3822/DS (O & D) Civ-
1/84 dt. 15 Oct. 84 in the respective organisations can be given the skilled grade and no other tradesmen. The clarification in para 5(b) of Army
HQ letter No. 89550/Pay/Org 1 (Pers) dated 19 Sep. 86 could not have been for those trades which had not been included in MOD letter
mentioned above.
3. In view of the above, you are requested to disseminate the above clarification to all concerned for their appropriate action.
8. This was followed by the Adjutant General''s Branch at the Army Headquarters writing a letter that Tailors had never been granted the skilled
grade, which letter in turn was followed by a letter dated December 18, 1998 issued by the Record Office which reads as under:-
1. Further to our letter No. 500/C/63/ER(Civ.) dated 14 Nov. 98.
Army Headquarters vide letter No. B/87068/AG/PM-2 dt. 7 Dec. 98 and No. 53281/Misc./Org 4 (Civ.) (d) dt. 8.12.1998 (Copies att) have
intimated this office that the Ministry of Def/D(Civ-I) has clarified that only those trades which have been given upgraded skilled trades in Min. of
Def. Letter No. 3822/DS (C & D) Civ-I/84 dt. 15 Oct. 84 in the respective organisations can be given the skilled grade and no other tradesman.
Since Tailor category has not been upgraded to skilled grade vide Min. Of Def. Letter dt. 18 Oct. 1984, the pay scale of Rs. 260-400 is not
applicable to Tailor category working in Provost Units and CMP Centre & School. The correct pay of Tailor category as per Vth Pay
Commission recommendations is Rs. 2650-65-3300-70-4000. You are requested to fix the pay of the above category accordingly.
3. Please ack.�
9. And this is the history of the reason why Tailors were initially placed in the pay scale of skilled workmen but later on brought back to the scale
of semi-skilled workmen.
10. Suffice would it be to state that it is apparently a case of a confusion in the mind of the some Regimental Centres. No conscious decision
whatsoever was taken to place Tailors in the category of skilled non-industrial workmen. A decision pertaining to Bootmakers, Carpenters, Painter
III and Painter IRC came to be misinterpreted as applicable to Tailors and the result was various regiments and units of the Indian Army placing
even Tailors in the pay scale Rs. 260-400 which was the pay scale of skilled workmen in the year 1984 and therefore placing them in the
applicable replacement pay scale till when it was realized that this was wrong.
11. The expert body i.e. the Anomalies Committee only found an anomaly pertaining to Bootmakers, Carpenters and Painters and not Tailors.
12. We find that the Full Bench of the Mumbai Bench of the Tribunal has noted the aforenoted facts and has taken into account the correct legal
position that Courts cannot convert themselves into expert bodies on the subject of pay scales. It may be true that as a result of the decisions of the
Hyderabad, Bangalore and Guwahati Bench of the Tribunal a large number of Tailors working in the various regiments and units of the Indian
Army have received the benefit of a wrong decision but at the same time we find that an equally large number of Tailors could not get benefit
because of the decision of the Mumbai Bench of the Tribunal, and this we note to repel the argument that if the impugned decision would be
allowed to stand an unjust situation would result. Some Tailors would receive higher wages and some less. Besides, it is settled law that there
cannot be any equality in the negative. The writ petition is accordingly dismissed but without any orders as to costs.
