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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 6888 OF 2008

U.O.I. & ORS.                                  Appellant(s)

                VERSUS

S.C.KARMAKAR & ORS.                             Respondent(s)

O R D E R

Heard  Mr.  Paras  Kuhad,  learned  Additional  

Solicitor General in support of this appeal and Mr.  

Debasis  Misra,  learned  counsel  appearing  for  the  

respondents.  

2. This appeal seeks to challenge the judgmnent  

and order dated 10.10.2007 rendered by a Division  

Bench of the Delhi High Court in Writ Petition (C)  

No.7475/2007 whereby the High Court left undisturbed  

the order dated 1st May, 2007 passed by the Central  

Administrative  Tribunal  in  O.A.  No.377/2006  which  

was  filed  by  the  respondents.  The  Central  

Administrative Tribunal has directed the appellants

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to grant the Office Superintendents in the Central  

Bureau of Investigation (C.B.I.) the non-functional  

grade  of  Rs.8000-13500/-  on  par  with  the  Section  

Officers of the Central Secretariat with effect from  

3.10.2003 with consequential benefits.

3. The submission of the respondents was that  

for good time earlier, the Section Officers working  

in the Central Secretariat were invariably posted in  

the C.B.I. and the work discharged in both these  

positions  is  similar.  Mr.  Paras  Kuhad,  learned  

Additional Solicitor General has however pointed out  

that this was much earlier, and that the parity in  

the pay-scales between the employees in the Central  

Secretariat  and  attached  offices  like  C.B.I.  has  

been only upto the level of Upper Divisional Clerks,  

and not from the position of Assistants upwards.  

4. In  any  case,  the  fact  remains  that  in  

attached  offices  of  four  Ministries  i.e.  

Intelligence  Bureau  in  the  Home  Ministry,  Armed  

Forces  Headquarters  Secretariat  Section  in  the  

Defence  Ministry,  Research  and  Analysis  Wing  

attached to the Cabinet Secretariat, and the Central

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Administrative  Tribunal,  parity  in  pay  has  been  

granted to the Office Superintendents. In spite of  

the  6th Pay  Commission  giving  lesser  pay  to  the  

Office Superintendents in the attached offices, the  

Central  Administrative  Tribunal  gave  judgment  in  

favour  of  the  Office  Superintendents  in  these  

attached  offices.  The  Central  Government  has  

accepted this position and implemented the judgment.  

That being so, without going into any of the other  

submissions from both sides, we do not think that it  

would be proper that the matter should be opened up  

as far as the Office Superintendents in the C.B.I.  

are  concerned  with  whom  we  are  concerned  in  the  

present  matter  and  for  whom  also  the  Central  

Administrative  Tribunal  has  granted  parity.  

Accordingly, we decline to entertain this appeal and  

the same is dismissed.        

5. We, however, make it clear that the aforesaid  

order is passed in the context of the present fact  

situation where  the Office  Superintendents in  the  

C.B.I.  have  been  granted  parity  with  the  Section  

Officers in the Central Secretariat. The issue with  

respect to the parity of similarly situated Office

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Superintendents in other attached offices with the  

Section Officers in the Central Secretariat was not  

before the Court.  

6. We expect the Central Government to clear the  

arrears within the next three months.  

..........................J (H.L. GOKHALE)

.........................J  (J. CHELAMESWAR)

New Delhi; November 27 , 2013.