1996 (5) TMI 450 - SC - Indian Laws

Railway Board's 1987 memorandum on apprentice recruitment upheld, revised pay scales limited to Inspector positions only

Union of India (UOI) And Ors. Versus M. Bhaskar and Ors.

Union of India (UOI) And Ors. Versus M. Bhaskar and Ors. - TMI ISSUES PRESENTED and CONSIDEREDThe legal judgment addresses two primary issues related to the Railway Board's memorandum dated 15.5.1987 concerning the recruitment of Traffic/Commercial Apprentices: (1) the interpretation and scope of the memorandum, and (2) the validity of the memorandum itself.ISSUE-WISE DETAILED ANALYSISInterpretation and Scope of the Memorandum- Relevant Legal Framework and Precedents: The memorandum of 1987 introduced changes in the recruitment process for Traffic/Commercial Apprentices, including a revised pay scale and altered recruitment ratios. Prior to the memorandum, recruitment was governed by the Indian Railway Establishment Manual, specifically Rules 123 and 127, which detailed the recruitment of Traffic and Commercial Apprentices.- Court's Interpretation and Reasoning: The Court found that the majority of Central Administrative Tribunals (CATs) had misunderstood the memorandum, believing it revised the pay scale for all Traffic/Commercial Apprentices. The Court clarified that the memorandum did not revise pay for all apprentices but rather applied to higher-grade Traffic/Commercial Inspectors.- Key Evidence and Findings: The Court referenced the affidavit of T.P.V.S. Sekar Rao, which indicated that the pay scale of Rs. 1400-2300 was for Grade III Inspectors, while Rs. 1600-2660 was for Grade II Inspectors. The Court also examined the 'Avenue of Promotion for SS/TIs' chart, which supported the differentiation between promotional grades.- Application of Law to Facts: The Court determined that the memorandum was not a blanket revision of pay for apprentices but was specific to higher-grade positions. The misunderstanding by the CATs was attributed to a lack of consideration of the relevant provisions in the Establishment Manual.- Treatment of Competing Arguments: The respondents argued that the memorandum was discriminatory and arbitrary. However, the Court found that the memorandum's provisions were consistent with recruitment policies and promotional hierarchies.- Conclusions: The Court concluded that the CATs erred in granting higher pay scales to all Traffic/Commercial Apprentices and that the memorandum was not intended to revise pay for all apprentices.Validity of the Memorandum- Relevant Legal Framework and Precedents: The Ernakulam Bench declared the memorandum invalid, arguing that administrative instructions cannot alter statutory provisions. Rule 1-A of the Indian Railway Establishment Code was pivotal, allowing the Railway Board to issue recruitment instructions.- Court's Interpretation and Reasoning: The Court held that the Railway Board had the authority to issue the memorandum under Rule 1-A, which was established pursuant to Article 309 of the Constitution. The memorandum was thus valid as it aligned with the statutory framework.- Key Evidence and Findings: The Court noted that the memorandum followed deliberations with unions and was not arbitrary. The cut-off date of 15.5.1987 was justified by policy changes and discussions.- Application of Law to Facts: The Court found no arbitrariness in the memorandum's provisions, including the revised pay scale for post-1987 apprentices and the reduced training period, as these were linked to changes in job roles and recruitment standards.- Treatment of Competing Arguments: The respondents' claims of discrimination and arbitrary cut-off dates were dismissed. The Court emphasized the relevance of the date and the policy rationale behind the memorandum.- Conclusions: The Court upheld the validity of the memorandum, rejecting the Ernakulam Bench's declaration of invalidity.SIGNIFICANT HOLDINGS- The Court held that the memorandum of 1987 did not constitute a revision of pay for all Traffic/Commercial Apprentices, but rather applied to specific higher-grade positions. It stated, 'The higher pay scale was really meant for the Traffic/Commercial Inspectors of higher grade.'- The Court affirmed the Railway Board's authority to issue the memorandum under Rule 1-A of the Indian Railway Establishment Code, stating, 'The rule itself permitted the Railway Board to issue necessary instructions, and the memorandum of 1987 having been issued by the Railway Board in exercise of this power, we hold that Board had valid authority to issue the memorandum.'- The Court found no arbitrariness in the memorandum's provisions, including the cut-off date, concluding, 'We are rather satisfied that the date has relevance and the memorandum has come to be issued following the aforesaid discussion.'- The Court set aside the judgments of the CATs that had granted higher pay scales to all pre-1987 apprentices and invalidated the Ernakulam Bench's ruling on the memorandum's validity.- The Court directed that no recovery of amounts already paid should be made from affected respondents/appellants, acknowledging the potential hardship such recovery would cause.