1973 (2) TMI 135

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.... Agriculture. The petitioners are Re search Assistants and fall within Class III of the Non-Gazetted Technical Posts. It is alleged that the qualifications prescribed for recruitment to the post of Research Assistant Grade II are Bachelor's Degree in Science (B.Sc) and B. A. or B.Sc. with Mathematics and knowledge of statistics for computers. 3. On August 21, 1957 the Government of India set up a Commission of Enquiry, hereinafter referred to as the Second Pay Commission, to enquire into the emoluments and conditions of service of the Central Government employees. The terms of reference of the Commission were: (i) examine the principles which should govern the structure of emoluments and conditions of service of the Central ....

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....mission summed up its recommendations as follows: 6. In para 39 the Commission dealt with the remaining 441 posts as follows: It should not be difficult to fit in the remaining 441 posts, which are on typical scales, on the scales recommended by us. Generally speaking. scales carrying a maximum of Rs. 500/- may be replaced by scale (i) those with a maximum of Rs. 300 and above (except in the Department of Atomic Energy) by scale (ii). unless in the case of posts with a maximum of Rs. 400 or Rs. 450 (30 posts in all according to our information) the qualification for recruitment and the nature of duties are such that they can be more appropriately placed on scale (i); scales with a maximum of Rs. 200 or Rs. 250 by scale (iii). an....

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....iven to them in accordance with the recommendations of the Pay Commission. 10. The Government replied on January 30, 1963 that "the revision of pay scales in respect of Research Assistants and Computers at this Institute has been done on the basis of the duties attached to these posts and not on the basis of the recommendations of the Pay Commission. In view of this the pay scale of Rs. 150-300 now given would have effect from the date of issue of the orders and pay fixation in this case has to be done under F. R. only. 11. Representation was also made to the President of India. Again in their representation to the President of the Forest Research Institute and Colleges, it was requested that the reasons on the basis of which revision....

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....poses of their enquiry they had taken all persons in the civil services of the Central Government or holding civil posts under that Government and paid out of the Consolidated Fund o3 India, to be Central Government employees, it is not denied by Mr. Debar that the petitioners are paid out of the Consolidated Fund of India. 15. Mr. Dhebar contends that it was for the Government to accept the recommendations of the Pay Commission and while doing so to deter mine which categories of employees should be taken to have been included in the terms of reference. We are unable to appreciate this point. Either the Government has made reference in respect of all Government employees or it has not. But if it has made a reference in respect of all....