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
