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PETITIONER: SHIBA KUMAR DUTTA & ORS.

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT:       24/02/1997

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Delay condoned.      This special  leave petition  arises from the orders of the Administrative  Tribunal, Calcutta  Bench, made  on June 21, 1995  in OA  No.213 of  1992 and  the Review Order dated July 26, 1996.      The admitted  position is  that the petitioner, who are working as  fitter (T  & G),  had sought  to be fused in the category of, and to be  on par with, Jig Borers. They sought equal pay  on par  with them.  They contend  that they  were drawing  higher  pay-scales  than  the  Fitter;  instead  of elevating their  cadre and  placing them  in the higher pay- scales, they  have been brought them down in the category as a Fitter  after removing  the two nomenclatures. Thereby, it is arbitrary  on account  of invidious  discrimination.  The Third Pay Commission had gone into that aspect of the matter and fixed  the scales of pay. Thereafter, admittedly, Expert Classification Committee and Anomalies Removal Committee had also gone into the matter and made distinction between them. Subsequently, nomenclature  of all  of them were removed and fused into  one category,  namely, Fitter.  Nomenclature and fitment is one of executive policy of the Government. Unless the action is arbitrary or there is invidious discrimination between persons similarly situated, doing same type of work, as is pointed out, it would be difficult for the Court to go into the  question of  equation of  posts or  fitment into a particular scale  of pay. They must be left to be decided by the Expert  Committees and  evaluate the  job  criteria  and scales of  pay prescribed  for each  category.  Under  those circumstances, the  Tribunal is  justified in refusing to go into the question.      The special leave petition is accordingly dismissed.