A bench comprising Justices A K Mathur and Markandey Katju, while setting aside the judgment of Gauhati High Court, observed, ''It is entirely on the government and the authorities to fix the pay scale and to decide whether the pay scale of post-B should be increased or not. The judiciary must exercise restraint and not encroach upon the executive or legislative domain.'' ''In view of the above and following the decision of this court in the S C Chandra's case, the impugned judgment of the Gauhati High Court, dated September 16, 2002, and of the Tribunal, dated January 19, 2001, are set aside. The appeal is allowed.'' The Centre and others had appealed against the High Court judgement allowing the plea of senior auditors in the office of their Accountants General, Assam and Meghalaya, seeking parity in pay scale with assistants in the Central Secretariat.
The order of the Central Administrative Tribunal (CAT), Guwahati, had allowed the applications of Hiranmoy Sen and others seeking an increase in their pay scales to bring them on a par with the assistants, Central Secretariat. The appeal of the Centre and the two state governments were dismissed by the High Court. The Supreme Court allowed the appeal of the Centre and the Assam amd Meghalaya governments yesterday.