While Government employees waiting anxiously for the Sixth Pay Commission's report, the Supreme Court (SC) has held that it is the sole discretion of the government to accept or reject the recommendations of such commissions and court can not order their implementation.
A bench headed by Justice H.K. Sema said "Although the Pay Commission is an expert body, the state in its wisdom and in furtherance of its valid policy may or may not accept its recommendations"
The bench upheld an appeal filed by the Central Government against the order of the Central Administrative Tribunal (CAT) and the Calcutta High Court, directing the government to give increased pay scales with retrospective effect and merge certain cadres of typist with the clerical staff in the Indian Railways. The High Court and the CAT had passed the orders on a batch of petitions by typist who wanted the higher scales on basis of the recommendations by the Fifth Pay Commission with effect from 1993, instead of from 2000 as decided by the Central Government.
The Central Government had agreed to implement the higher pay scales for a cadre of typists from 2000. The decision was based on recommendations made by the Anomalies Committee.
This ruling of SC has clarify that the Government has every right to accept and reject the recommendations of the forthcoming report of Six Pay Commission.
