TMI Blog1973 (3) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... vil Appeal No. 2303 of 1969. Respondents 8 to 13 and 15, along with six others, were serving as Sales Tax Officers in the State of Madhya Pradesh. On the reorganisation of states as from November 1, 1956, these 13 officers were allotted to the bilingual State of Bombay. By Notification dated November 16, 1957, the State Government issued an order for equation of the various posts. The Sales Tax Officers from Madhya Pradesh were equated with Sales Tax Officers Grade III of Bombay. At this stage it may be mentioned that in Bombay there were three Grades of Sales Tax Officers, being Grades 1, II and III. On the basis of the equation adopted by the State Gov- ernment, a seniority list was published on May 21, 1959. In the meanwhile, the Sales Tax Officers allotted from Madhya Pradesh. not satisfied with the decision of the State Government equating them with Grade III officers of Bombay, had made representations to the Central Government. Their grievance was that they should have been equated with Grade 11 officers of Bombay. The Central Government, having due regard to the principles formulated earlier in consultation with the State Governments and after consulting the Central Advi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lished by the State Government. The two grounds on which the High Court has quashed these orders and Notification are:- (1) if the matters relevant to be considered for the purpose of equation, are taken into account, the equation made by the Central Government is not a rational one; and (2) in equating the Sales Tax Officers of Madhya Pradesh with Sales Tax Officers, Grade II, of of Bombay, the Central Government have taken into account irrelevant and extraneous matters. It is now necessary to advert to the relevant provisions of the statute, as also the various orders passed by the Central and State Governments. The States Reorganisation Act, 1956 (hereinafter to be referred to as the Act) was passed on August 31, 1956. under section 2(a), 1st of November, 1956, is the appointed day'. Part X contains provisions as to services. Section 114 deals with all India Services. Section 115 contains provisions' relating to other services. Theprovision relevant in this section is sub-section 5, clause (b),which is as follows:-- Provisions relating to other services. 115(5) The Central Government may by order established one or more Advisory Committees for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment. In the affidavit of the Deputy Secretary, it is stated that under the provisions of section 115(5) of the Act, the Central Government had constituted the Central Advisory Committee for the purpose of assisting it in giving proper considerations to the representations that are made by officers of gazetted cadres.. The Committee consisted of the Chairman of the Union Public Service Commission as its Chairman, Shri P. N. Sapru, Member, Rajya Sabha and a retired Judge of the Allahabad High Court and Shri K. Y. Bhandarkar, retired Law Secretary to the Government of India. It is further stated that the representations received' from the ex-Madhya Pradesh Sales Tax Officers claiming equation with Grade 11 officers of Bombay were referred to the said Advisory Committee for their consideration and advice. it is further stated that after taking into consideration the points raised by the officers in their representations, the comments of the State Government, the recommendations of the Advisory Committee and other relevant factors, the Central Government decided that the post of Sales Tax Officer, Madhya Pradesh (Rs. 225- 600) was to be equated with the post of Sales Tax Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evant factors for equation have not been properly considered and that irrelevant matters have been taken into account. It is seen from the judgment of the High Court that on March 19, 1968, the proceedings were adjourned to enable the Central Government to consider the representations of the Bombay officers. The order of the High Court dated March 19, 1968, states that the counsel for the Union Government made a representation that it was willing to review the equation of posts of Sales Tax Officers from the erstwhile State of Madhya Pradesh after hearing the affected officers from the various integrating areas. 'The Government of India passed an order on February 15, 1969, in and by which the original decision dated April 23, 1960, equating the Madhya Pradesh officers with Sales Tax Officers Grade 11 of Bombay, was allowed to stand. There is a reference in the judgment that this letter dated February 15, 1969, was given to the learned Judges and that it was also agreed to be shown to the counsel for the Writ Petitioners. That the High Court has looked into this letter is also clear from the fact that it says that outside matters, like the hierarchy of the revenue officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, if allowed to stand, will work great hardship to the Sales Tax Officers of Bombay, as it will materially affect their chances of promotion. He further pointed out that the State Government has, in accordance with the decision of the High Court, modified the decision equating the Madhya Pradesh officers with Sales Tax Officers, Grade 11, of Bombay and, therefore, these appeals have become infructuous. In our opinion, the contention of the learned Additional Solicitor General are well founded. The Central Government, under section 115 of the Act, has to determine the principles governing equation of posts and prepare a common gradation list by integration of services. To assist it in the task of integration of services and for a proper consideration of representations, the Central Government is empowered to establish Advisory Committees. The Central Government is bound to ensure a fair and equitable treatment to officers in the matter of integration of services and preparation of gradation lists. It has also to give a full and fair opportunity to the parties affected to make their representations; and the Central Government has also to give a proper consideration to those ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... That affidavit very exhaustively deals with the circumstances under which the Sales Tax Officers of Madhya Pradesh were equated with Sales Tax Officers, Grade 11, of Bombay by the Central Government's order dated April 23, 1960. The Central Government had constituted the Central Advisory Committee as is required under sub-section 5 of section 115 of the Act. The composition of the Committee has been referred to earlier. It was, after taking into account the views of the Central Advisory Committee and having due regard to the comments of the State Governments, and the representations made by the officers concerned that the Central Government took the decision. The factors which had to be taken into account as per the decision taken at the conference held in May, 1956, were all duly stated to have been considered by 'the Central Government. We do not find that any irrelevant or extraneous matters have influenced the decision of the Central Government. It is true that a decision taken by the Central Government without giving an opportunity to the officers affected to make representations, is not a valid one. It has 'been so held by this Court in Union of India Anr. v. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as was originally done by the State Government. The Madhya Pradesh officers, on the other hand, reinforced their claim to sustain the order of April 23, 1960. The Central Government passed the order on February 15, 1969, which was made known to the learned Judges hearing the Writ Petition. In fact this is also one of the orders that has been struck down by the High Court. When the order has been struck down, it is quite reasonable, to infer that the Court and all parties were fully aware of the very elaborate reasons given by the Central Government for equating the Madhya Pradesh Sales Tax Officers with the Sales Tax Officers, Grade II, of Bombay. There was no attack, so far as we could see, levelled by the Writ Petitioners against this order of the Central Government excepting that a personal hearing was not given to them by the Central Government. The High Court brushed aside this order by a mere statement that the additional matter that was' considered by the Central Government related to the hierarchy of revenue officers under the Land Revenue Code and that the said matter is outside those to be considered according to the minutes of the joint conference of the representati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents the Collector shall have regard to the provisions of this Act . The Judicial Committee held that these provisions only require that they must be taken into consideration by the officers concerned and it is impossible to say that there is a duty on the, part of the officers to keep rigidly within the limits imposed by these provisions. Based upon this decision, the contention of the learned Additional Solicitor General was that even if certain other additional matters relevant to the question have been taken into account by the Central Government, its order cannot be, considered to be erroneous. In our view, the earlier order dated April 23, 1960, as well as the, latter order dated February 15, 1969, have both been passed by the Central Government having due regard to the principles settled for purposes of equation of posts. In this view, it is not necessary for us to consider the point raised by the learned Additional Solicitor General based upon the decision of the Judicial Committee. This order of February 15, 1969, has not, in our view, received due consideration at the hands of the High Court. On the other hand, the High Court has dealt mainly with the order dated Apri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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