Calcutta HC directs Special Anomaly Committee to take Decision on Scale of Pay of Income Tax Officer [Read Order]

In a significant case, the Calcutta High Court directed the government to constitute the special Anomaly Committee to decide on the Scale of Pay of Income Tax Officers as per the recommendation of the Pay Commission.

The Union of India filed a writ- petition challenging the order of the Central Administrative Tribunal, Kolkata Branch in OA 397 of 2009 whereunder a writ of mandamus was issued directing the authorities to upgrade the pay scale of the respondents, Ashis Chakraborty & Ors. with effect from 01.01.2004 on notional basis and arrears from 21.04.2004 onwards.

The dispute pertains to the enforceability of the recommendation of the Fifth Pay Commission from retrospective dates and fixation of pay scale on the basis thereof and to give all financial benefits attributable to the posts to each of the respondents from the said date. The respondents are the Inspectors in the Income Tax Department and working as Income Tax Officers (ITO) at a pay scale of Rs. (5,500-9,000)/- and Rs. (6,500-10,500)/- with effect from 01.01.1996 respectively.

After the Fifth Pay Commission was constituted, the recommendation was made for the fixation of the pay scale at the respective level and to grant financial benefits to each of the employees of the Government Department.

After the recommendation is accepted by the Government either in its entirety or with modification or amendment, a slew of litigations started pouring in different forums relating to the date from which it would take effect.

It was contended before the Division Bench of the Madras High Court that similarly circumstanced persons in the other Departments of the Government of India had been granted a pay scale commensurate with the recommendation of the Fifth Pay Commission whereas the employees of the concerned Department have not been granted such pay scale.

The approach was made to the Tribunal alleging that despite the representation having been made, there was no conscious decision taken by the appropriate authority and ultimately a direction was passed upon the Government to constitute a Special Anomaly Committee to take a decision on the grievances so raised, yet no action was taken.

The Special Anomaly Committee referred the matter to the Sixth Pay Commission as it was constituted in the meantime and the same was taken note of by the Division Bench. The Division Bench after taking into consideration the stand of the Union of India, in the counter-affidavit filed before it that a similar pay scale has been granted to some other similar posts that existed in other Ministries and/or Departments on the specific recommendation of the Fifth Pay Commission, held that the petitioners are entitled to such benefit.

The question was whether the effect can be given to such recommendation from 01.01.1996 or a date posterior thereto. In all such cases, relied upon before us, the Special Anomaly Committed was directed to be constituted to take a conscious decision in this regard.

Since it is a policy decision of the Government of India the Court comprising Justice Harish Tandon and Justice Prasenjit Biswas directed that the Union of India shall constitute a Special Anomaly Committee within two months and decide the representations made by the respondents within one month from the date of constitution of the said Committee.

To Read the full text of the Order CLICK HERE

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