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Shri Jagnnath v. Union of India .

Supreme Court of India · 1 November 1991 · [1991] SUPP. 2 S.C.R. 152

Court
Supreme Court of India
Decided
1 November 1991
Case no.
W.P.(C) No. 651 of 1986
Reported as
[1991] SUPP. 2 S.C.R. 152
Result
Dismissed
Bench
Kuldip Singh (J)
Length
6 pages
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PETITIONER:
JAGHNATH
Vs.
RESPONDENT:
UNION OF INDIA AND ANR.
DATE OF JUDGMENT01/11/1991
BENCH:
KULDIP SINGH (J)
MISRA, RANGNATH (CJ)
KANIA, M.H.
CITATION:
1991 SCR Supl. (2) 152 1992 SCC Supl. (2) 105
JT 1991 (4) 238 1991 SCALE (2)925

ACT

Civil Service-Compositors in printing presses--Promotion --Categorisation of "highly skilled" and "sis’lied"--Seniority basis--Validity of.

Civil Service--Compositors in printing presses--Promotion --Stagnation between cadres--Removal of--Ratio prescribed.

HEADNOTE

Petitioner claiming that he and other similarly placed Compositors working in the Government of India presses all over India were entitled to the status and salary of Compositors, Grade I in the "highly skilled" category with effect from January 1, 1966 on the ground that the decision of the Himachal Pradesh High Court in Thakurs case was applicable in principle to all the Compositors, filed the present petition under Article 32 of the Constitution.

The High Court in Thakur’s case held that the categorisation as "highly skilled" and "skilled" on the basis of seniority alone was unreasonable and discriminatory. As no special leave petition against the judgment of the High Court was brought to this Court the judgment became final. Over-ruling Thakur’s case and dismissing the petitions this Court,

HELD: I.Academic pursuit and experience are two primary sources of learning. A Compositor’s job in a printing press is a skilled job requiring special technique. In such a job it would be reasonable to measure the standards of skill by length of experience. The High Court fell into error in quashing the classification based on experience arising out of length of service. [157 B]

2. "Highly skilled" category was created to handle the nature

work which involved higher skill than the original hand composition. The Compositors with longer service and who were found fit 153 for promotion were appointed to Grade I and were categorised as "highly skilled". Experience itself is merit and can be a valid basis for classification. [157 C-D]

3. Keeping in view the large number of Compositors all over the country and to remove stagnation the ratio between the two cadres should be 33 1/3: 66 2/3 %. [158 D]

4. The respondents are directed to increase the strength of the cadre of Compositor Grade-I ’highly skilled’ to 33-1/3 percent with effect from April 1, 1992. [158 D]

Thakur’s Case (Writ petition C.W. No. 61/69) dated 21.5.1971; overruled. State of U.P.v. J.P. Chaurasia, [1989] 1 S.C.C. 121; referred to.

JUDGMENT

EXTRAORDINARY JURISDICTION: Writ Petition (Civil No. 651 of 1986. (Under Article 32 of the Constitution of India).

P.P. Rao, Ms. Bina Gupta, Ms. Vandana Saggar and Ms. Monika Mohil for the Petitioners.

V.C. Mahajan, K. Swamy, Ms. A. Subhashini and Ms. Niranjana Singh for the Respondents. The Judgment of the Court was delivered by

KULDIP SINGH, J. This petition under Article 32 of the Costitution has been filed by Prahalad Singh claiming that he and other similarly placed Compositors working in the Government of India Presses all over India are entitled to the status and salary of Compositors, Grade I in the "highly skilled" category with effect from January 1, 1966, The said relief is claimed on the sole ground that one T.R. Thakur has already been given Grade I in the "highly skilled" category as a result of the judgment in his favour given by the Himachal Pradesh High Court. The writ petition (C.W. 61/69) filed by T.R. Thakur was allowed by the learned Single Judge of the High Court on May 21,1971 and Letters Patent Appeal against the said judgment was dismissed on May 9, 1979. The High Court held that the categorisation as "highly skilled" and "skilled" on the basis of seniority alone was unreasonable and discriminatory. No special leave 154 petition against the judgment of the High Court was brought to this Court and as such the judgment has become final.

Prahalad Singh and others have claimed that they are entitled to the benefit of the judgment given by the High Court in Thakur’s case. According to them the said judgment is applicable in principle to all the Compositors whether they were parties before the High Court or not. This petition came for hearing before a Bench of this Court consisting of R.S. Pathak, CJI, M.N. Venkatachalia, J. The Bench in its order dated April 28, 1989 observed as under :--

"The principal objection to the grant of

relief to the Petitioner and those for whom he

claims to act is the gross delay with which

the writ petition appears to have been bought

in this Court. To surmount that difficulty the

petitioner relies upon the plea that the

judgment of the High Court in T.R. Thakur’s

case is a judgment operative in principle in

favour of all compositors situated in the

circumstances in which T.R. Thakur found

himself. There are other pleas which have been

taken by the petitioner, but the substantial

one is whether he and the other compositors

can enforce in their favour the benefit grant-

ed in T.R. Thakur’s case although they were

not parties to that proceeding. At first blush

it would seem that the High Court considered

the particular facts of T.R. Thakur, the

petitioner before it, and while granting

relief it appears, in terms, to have confined

it to T.R. Thakur. It is an important point

whether, as the petitioner now contends before

us, the direction issued by the High Court can

be regarded as a direction operative in re-

spect of all compositors employed in the

Government of India Presses all over India,

The point is important since the objection on

the plea of laches seems to be a substantial

one in view of the several compositors who

have over the years been promoted to the

category of "highly skilled" compositors, and

interfering with their status now could mate-

rially prejudice them. At the same time, it

cannot be doubted that there can be cases

where although the facts of a particular

petitioner have been taken into consideration

what the Court indents, when it adjudicates on

the claim, is to lay down the law to be ap-

plied by the respondents to all similar situa-

tions. There are other cases where relief may

be granted or refused upon the consideration

of a question involved --the question being

one which affects several persons of the

category to which the petitioner belongs --

and the grant or refusal of the relief may

turn on

155

the particular facts of that case. Various

possible categories of cases can be conceived

in this context. We think it desirable that in

cases such as this the Court should formulate

a set of appropriate guidelines indicating

when directions rendered by the Court in one

particular case can be regarded as operative

in other cases. As the matter will be governed

both by principle and by the practice of the

Court, it is appropriate that this case be

referred to a larger Bench for consideration

on this and the other points arising in it."

This is how the writ petition has come before us for final heating. It is not necessary to go into the merits of the question posed by the Two Judges Bench of this court because we are of the view that the High Court judgment in Thakur’s case does not lay-down the correct law.

The facts which led ’to the filing of the writ petition by Thakur are as under:

Prior to January 1, 1966, there was one grade of Compositors (Rs. 110-Rs. 180) in the Government of India Presses. In the year 1963 a committee called "The Committee for Categorisation of the Government of India Press Workers" was constituted to review the classification of posts of industrial workers in the Government of India printing presses. The said Committee, inter alia, made the following recommendations :--

"There was an equally persistent and wide

spread demand from the workers that the cate-

gory of Compositors should be treated as

highly skilled instead of skilled as at

present. We have very carefully examined this

case as well and were unable to subscribe to

this demand. Hand composing in the Govt. of

India presses is essentially a skilled job.

The Managers were, however, of the opinion

that 10-15% of the Compositors are frequently

expected to handle composition work of mathe-

matical or scientific discourses. For this, a

knowledge application of diacritical marks

superior and inferior letters/figures, scien-

tific signs/symbols etc. are essential. This

work, admittedly, involved much higher skill

than originally hand composition. The Commit-

tee,therefore, recommend that a suitable

percentage of compositors should be upgraded

to the highly skilled category with pay scale

of Rs. 175- 205. This category should be given

an appropriate designation to distinguish it

from the ordinary grade of Compositors who

should still be in the skilled

group."

156 Accepting the above recommendations, the Government of India, by an order dated March 14, 1966, divided the existing cadre of Compositors

Compositors Grade-I (Rs. 150- Rs. 206) and Compositors Grade-II (Rs. 11 O- 180). It was further decided that the Compositors Grade-I would be classified as "highly skilled" and Compositors Grade-II as "skilled". The ratio of Grade-I to Grade II was fixed as 20: 80. The initial constitution of the cadre of Compositors Grade-I was done by appointing 20% of the Compositors on the basis of seniority-cure-fitness but trade test was made obligatory for future promotions to Grade-I.

While implementing the above said decision of the Government of India, 18 Compositors who were senior to Thakur were given the pay scale of Compositor Grade-I. Thakur challenged the denial of higher pay scale of Compositor Grade-I to him on the ground that he and the 18 Compositors who were promoted were performing the same duties and were holding similar posts which were inter-changeable. According to him all of them were performing the duties of "highly skilled" Compositors and as such the higher grade could not have been denied to him. The learned Single Judge allowed the writ petition and held that the categorisation of the senior-most persons as "highly skilled" was arbitrary and discriminatory. The learned Judge issued the following directions:--

"In the light of the above I am of the view

that the petitioner is entitled to the relief

prayed for and direction is issued to the

respondents not to enforce the revised scale

of pay in such a manner as to subject the

petitioner to a lower scale of pay than the

one allowed to the compositors who have been

so fixed in the scale laid down for the highly

skill compositors."

The Letters Patent Appeal filed by the Union of India against the judgment of the learned Single Judge was dismissed by the Division Bench of the High Court on the following reasoning:--

"The contention of the appellants, as raised

by them in paragraph 5 of their return. that

by length of service a person acquires more

and more skill and, therefore, the test of

seniority for the purpose of putting a person

in the higher category of Grade I was justi-

fied, not acceptable because it is very well-

known that a mere length of service does not

always result in more skill in the working of

the person concerned. Seniority would have of

course relevance in a situation where two

persons having equal skill are to be consid-

ered. But unless such a situation arose it is

very much evident that initial placing of the

157

present incumbents on the post of Compositor

in the higher category of Grade I could not

have been done in total disregard of the

degree of skill which each of these incumbents

possessed."

Academic pursuit and experience are two

primary sources of learning. A Compositor’s

job in a printing press is a skilled job

requiring special technique. In such a job it

would be reasonable to measure the standards

of skill by length of experience. The High

Court, in our view, fell into error in quash-

ing the classification based on experience

arising out of length of service.

It is obvious from the recommendations of

the Committee quoted above that "highly

skilled" category was created to handle the

nature of work which involved higher skill

than the original hand composition. The Com-

positors with longer service and who were

found fit for promotion were appointed to

Grade I and were categorised as "highly

skilled". Experience itself is merit and can

be a valid basis for classification. This

Court in State of U. P. v. j.P. Chaurasaia,

[1989] 1 S.C.C. 121 has upheld the classifica-

tion based on experience as reasonable classi-

fication. Jagannatha Shetty, J. speaking for

this Court observed:

"Article 14 permits reasonable classification

founded on different bases. It is now well

established that the classification can be

based on some qualities or characteristics of

persons grouped together and not in others who

are left out. Those qualities or characteris-

tics must, of course, have a reasonable rela-

tion to the object sought to be achieved. In

service matters, merit or experience could be

the proper basis for classification to promote

efficiency in administration. He or she learns

also by experience as much as by other means.

It cannot be denied that the quality of work

performed by persons of longer experience is

superior than the work of newcomers. Even in

Randhir Singh case, this principle has been

recognised. O. Chinnappa Reddy, J. observed

that the classification of officers into two

grades with different scales of pay based

either on academic qualification or experience

or length of service is sustainable. Apart

from that, higher pay scale to avoid stagna-

tion or resultant frustration for lack of

promotional avenues is very common in career

service. There is selection grade for District

Judges. ’there is senior time scale in Indian

Administrative Service. There is supertime

scale in other like services. The entitlement

to these higher pay scales depends upon sen-

iority-

158

cure-merit or merit-cure-seniority. The dif-

ferentiation so made in the same cadre will

not amount to discrimination. The classifica-

tion based on experience is a reasonable

classification. It has a rational nexus with

the object thereof. To hold otherwise, it

would be detrimental to the interest of the

service itself."

We, therefore, hold that the judgment of the Himachal Pradesh High Court in T.R. Thakur’s case does not lay-down correct law and is overruled. The only ground on which this petition is based, having become non-existent, the petitioners are not entitled to the relief claimed by them and the writ petition is liable to be dismissed.

We are, however, of the view that the cadre of Compositors Grade-I ’highly skilled’ should be enlarged. The Compositors are persistently demanding the upgrading of the whole of the cadre. The "Committee" also recommended that suitable percentage be upgraded. The Government created the higher grade for 20% of them. Keeping in view the large number of Compositors all over the country and to remove stagnation we are of the opinion that the ratio between the two cadres should be 33-1/3: 66-2/3%. We, therefore, commend to the respondents to increase the strength of the cadre of Compositor Grade-I ’highly skilled’ to 33-1/3 per cent with effect from April 1, 1992.

The writ petitions is disposed of in the above terms with no order as 0 costs. V.P.R. Petition dismissed. 159

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