Equation of post, determination of pay scales primary function of executive and not judiciary: SC

Equation of post and determination of pay scales is the primary function of the executive and not judiciary, the Supreme Court said.

A bench of Justices D Y Chandrachud and Bela M Trivedi said it is prudent to leave such task of equation of post and determination of pay scales to an expert body.

“The equation of post and determination of pay scales is the primary function of the executive and not the judiciary, and therefore, ordinarily courts will not enter upon the task of job evaluation which is generally left to expert bodies like pay commissions.

“This is because such a job evaluation exercise may include various factors, including relevant data and scales for evaluating performances of different groups of employees, and such evaluation would be both difficult and time-consuming, apart from carrying financial implications,” the bench said.

The top court said unless there is cogent material on record to come to a firm conclusion that a grave error had crept in while fixing the pay scale for a given post, and that the court’s interference was absolutely necessary to undo the injustice, the courts would not interfere with such complex issues.

The observations came while hearing an appeal filed by Madhya Pradesh High Court which had allowed a plea seeking revision of pension of a man employed as Principal Chief Conservator of Forest (PCCF).

The top court said the High Court in the impugned orders passed in writ petition as well as in the review petition had thoroughly misdirected itself by applying the principle of “equal pay for equal work” .

“It is well-settled legal position that the power under Article 227 is intended to be used sparingly and only in appropriate cases for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and not for correcting mere errors,” the bench said while setting aside the order of the high court.