Delhi HC refuses to stay functioning of Seventh Pay Commission
New Delhi: The Delhi High Court on Tuesday declined to stay the
functioning of the Seventh Pay Commission while hearing a plea that
challenged a notification on inclusion of a former IAS officer as a
member of the panel.
Justice Sudershan Kumar Misra also issued notice to the central
government on the plea filed by retired members of the all India
Services, central civil services and armed forces against the
government’s February 28 notification constituting the commission.
The petitioners argued that inclusion of a former Indian
Administrative Service officer, Vivek Rae, in the four-member commission
give rise to a “real likelihood of bias” on his part to give a
favourable recommendation to the IAS.
The petition said: “The impugned resolution, by retaining the
practice of including a member of the IAS as a member of the commission
has given rise to a real likelihood of bias on the part of such member
in favour of maintaining the status quo, under which the IAS enjoys a
position of special privilege in respect of pay fixation.”
Rae has a directed pecuniary interest in the recommendations of the
commission, as it would also determine his pension and retirement
benefits, alleged the plea.
The petitioners further questioned the practice of previous pay
commissions providing an “edge” in pay scales to members of the IAS over
other members of the AIS and other central civil services including
India Forest Services (IFS), Indian Police Service (IPS), Indian Revenue
Service (IRS), and all other group A central services.
“Past report of the commission rise to a reasonable apprehension
that the reason for the repeated rejection of the demands for parity of
other services in the AIS with the IAS is attributable to the fact that
the commission has always comprised of a member of the IAS,” the
petition submitted.
Central government counsel, however, argued the commission was not a
“one-man show” and that it recommendations inturn have to go through
scrutiny of the government and Rae was included in the commission
because of his wide experience in the field.
Former Supreme Court judge Justice Ashok Kumar Mathur is the
chairman of the commission and former petroleum and natural gas
secretary Rae, National Institute of Public Finance and Policy (NIPFP)
Rathin Roy, OSD in finance ministry’s expenditure department Meena
Agarwal are the members.
Source: www.ibnlive.in.com
