SALING RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) . The limited relief sought through this petition is confined to re-fixing of basic salary of the petitioner at Rs.3880/- instead of Rs.3795/- in the pay scale of Rs. 3200-4900.

(2.) . The petitioner was initially recruited as a Constable in the CISF on 12.6.1976 and was promoted to the post of Naik in October, 1992. Vide order dated 13.6.1997 petitioner was transferred from National Fertilizer Limited, Nangal (Punjab) to 5th Reserve Batallion, Ghaziabad. On 14.7.1997 when the petitioner was posted at Ghaziabad, orders were issued promoting 543 Naiks including him to the post of Head Constable in the revised pay of Rs. 3200-4900. He was given posting from Nangal (though posted at Ghaziabad) to 3rd Reserve Batailion, Bhilai, On such posting in the promotion post of Head Constable his basic pay was to be fixed at Rs.3880/- including special increment. Unfortunately, the petitioner was not relieved by his controlling Officer because of error in his promotion order inasmuch as he was posted at Ghaziabad but in the promotion order he was wrongly shown to be posted at Nangal which, according to the controlling Officer, required amendment whereafter he could only be relieved for joining. It took more, than two months to carry out the amendment and the petitioner was relieved on 1.10.1997 and was given 12 days journey time and 15 days annual leave and was directed to report for duty on 27.10.1997 to Join the promoted post of Head Constable. Accordingly, he joined duty on 27.10.1997 as Head Constable. This rank was given to him on account of promotion order dated 14.7.1997. His salary was fixed at basic pay of Rs.3795/- in the aforesaid scale whereas all other Naiks including his juniors who were promoted by the same order to the post of Head Constable were fixed at basic pay of Rs. 3880/-. Feeling aggrieved the petitioner made representation before the Commandant who appreciated his grievance that he could not be placed at a lower pay compared to his juniors who were simultaneously promoted to the post of Head Constable vide order dated 14.7.1997 and accordingly fixed his pay at Rs.3880/- as admissible to all others who were promoted by the said order.

(3.) . However, in the meantime, vide order dated 10.10.1997 the post of Naik was upgraded to the post of Head Constable and those Naiks who were promoted to the post of Head Constable prior to 10.10.1997 were given special increment whereas special increment was not made available to Head Constables who were absorbed after 10.10.1997. Since the petitioner was posted at Bhilai on promotion from Nangal/Ghaziabad, his pay was reduced and re fixed at Rs. 3795/- on the ground that petitioner was not holding the rank of Head Constable as on 10.10.1997 and as such special increment was not admissible to him. This gave rise to representation by the petitioner to the Deputy Inspector General, CISF, Bhilai requesting for restoration of his pay at Rs.3880/- on the ground that the petitioner could not be punished for administrative error or delay inasmuch as if in the promotion order dated 14.7.1997 his the then place of posting had been correctly shown as Ghaziabad instead of Nangal , the petitioner would have been timely, relieved and joined his posting at Bhilai. This has not only deprived him his seniority but also affected his pay adversely. However, his representation did not find favour with the Deputy Inspector General, CISF who rejected it on the ground that he was not eligible for special increment as he was promoted to the rank of Head Constable w.e.f. 28.10.1997, the date when he took over charge as the special pay is eligible only to those who were holding such rank on 10.10.1997.