(Emphasis supplied)
5. The learned counsel for the appellant fairly conceded that if the ratio of Hariharan is applied, the appellant's claim is liable to be rejected. But he contended that the decision in Hariharan should be considered as having been rendered per incuriam, as it ignores Rule 5 of the Revised Pay Rules. Relying on the decisions of this Court in Nirmal Jeet Kaur v. State of M.P., 2004(4) RCR (Criminal) 376 : 2004(3) Apex Criminal 557 : [2004(7) SCC 558] and Central Board of Dawoodi Bohra Community v. State of Maharashtra [2005(2) SCC 673], he submitted that a decision rendered per incuriam is not a binding precedent. According to the appellant, having regard to Rule 5 of the Revised Pay Rules, the revision of pay of a Government servant should be with reference to the class of post held by him and not with reference to the pay scale earlier applicable to him. He therefore contended that as the appellant held a Group 'C' post, the pay scale applicable to Group 'C' Government servants should be extended to him. 6. The principles enunciated in Hariharan is that 'classification of posts has nothing to do with fixation of pay scales" and "classification and prescribing pay scales for different posts are two different and distinct functions". These are well settled principles of service jurisprudence. The question therefore is whether Rule 5 of CCS (Revised Pay) Rules, 1986 carves out any exception to the said general principles of service law, or lays down a different principle, and if so whether Rule 5 had been wrongly ignored. 7. The Revised Pay Rules were made to implement the recommendations made by the Fourth Pay Commission. A brief reference to the relevant provisions of the said Rules will be necessary to consider the appellant's contention. 7.1) Sub-Rules (2), (3), and (5) of Rule 3 define the terms 'Existing Scale', 'Present Scale' and 'Revised Scale'. 'Existing Scale' in relation to a Government servant means the present scale applicable to the post held by the Government servant as on 1.1.1986. 'Present Scale' in relation to any post specified in Column 2 of the First Schedule, means the scale of pay specified against that post in Column 3 thereof. 'Revised Scale' in relation to any post specified in column (2) of the First Schedule means the scale of pay specified against that post in column (4) thereof unless a different revised scale is notified separately for that post. Rule 4 provides that from the date of commencement of the revised pay rules (1.1.1986), the scale of pay of every post specified in column (2) of the First Schedule shall be as specified against it in column (4) thereof. 7.2) Rule 5 relied on by the appellant, relating to drawal of pay in the revised scales is extracted below :Sl. No. | Post | Present scale | Revised scale |
(1) | (2) | (3) | (4) |
GROUP 'D' | |||
xxxxx | |||
3. | All posts carrying present scales specified in Column 3. | (a) x x x x x (b) x x x x x (c)210-4-226-EB-4-250-EB-5-290 | 800-15-1,010-EB-20-1,150 |
GROUPS 'C' AND 'B' | |||
4. | All posts carrying present scales specified in column 3. | 225-5-260-6-290- EB-6-308 xxxxx | 825-15-900-EB-20-1,100. |