UNION OF INDIA Vs. T M SOMARAJAN

JUDGEMENT

(1.) It an admitted position that the respondent No. 1 who was a member of the State police service was inducted into the Indian Police Service (IPS in short) w.e.f. 9.12.1995. At that time, his basic pay in the State cadre was Rs. 4650 p.m. + special pay of Rs. 100. Very curiously, after his entry into the IPS, his pay came to be refixed at Rs. 4250 + special pay of Rs. 200 w.e.f. 1.12.1996.

(2.) Respondent No. 1 made a representation dated 16.8.1997 to the Accountant General (A and E, Kerala, Thiruvananthapuram for the purpose of removal of the anomaly consisting in the reduction of pay in the IPS cadre vis-a-vis higher pay in the State Police Service. Instead of removing that anomaly, it was reiterated in a communication dated 2.9.1997 received from the Accountant General (A and E, Kerala that the fixation of pay was made placing reliance on Clauses (iii) and (iv) of Schedule II of IPS (Pay) Rules, 1954 (hereinafter referred to as "the IPS (Pay) Rules") and hence, there was no anomaly at all. Respondent No. 1 again sent a detailed representation dated 6.10.1997 wherein he had elaborately explained the facts and the relevant rules with regard to the pay fixation on his appointment to the IPS cadre on promotion from the State Police Service and the provisions regarding the power of relaxation conferred on the Union of India under Rule 6 of Section III of Schedule II of the IPS (Pay) Rules. However, that was also rejected by communication dated 4.1.1998. The respondent No. 1, therefore, challenged the same by way of filing Original Application before the Central Administrative Tribunal, Ernakulam Bench and sought the following reliefs :

(3.) It also became apparent that few other officers similarly placed with the respondent No. 1 were not found fit to be inducted into the IPS cadre along with the respondent No. 1 and they were inducted into the IPS Cadre subsequently. It was pointed out by the respondent No. 1 that those officers were also junior to him. They were Shri Somasundra Menon, Shamsudeen, Vijayan. Yet, in spite of the fact that all these officers were junior and inducted into the IPS Cadre after the induction of respondent No. 1, their pay were fixed at higher level than that of respondent No. 1.