J P DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought a direction to the respondents to pay arrears of salary in the pay scale of Rs. 4500-150-5700/- per month during the period from 17th August, 1987 to 9th July, 1990 along with interest and the litigation expenses incurred by the petitioner in approaching the High Court of Allahabad and this Court.

(2.) The petitioner contended that he was directly recruited as Deputy Superintendent of Police in the Central Reserve Police Force (CRPF) w.e.f. 8th February, 1967. The petitioner was promoted as Commandant in the year 1983 and was further promoted to Selection Grade Commandant during May, 1985. The petitioner disclosed that some Emergency Commissioned Officers were released from army and were given jobs in the CRPF/BSF and other forces and they were given benefits of their services of army and were placed senior to the petitioner who was directly recruited in the year 1967. Such officers have challenged the promotion of the petitioner and other officers and the High Court had passed the order directing the reversion of the petitioner along with his batch mates.

(3.) Aggrieved by the said order, the petitioner and his batch mates had approached the Supreme Court. The Supreme Court by order dated 14th March, 1989 had directed that the petitioner and his batch mates be allowed to retain their original rank by creating supernumerary posts of selection grade commandant. According to the petitioner, he was among the selection grade commandant on the date of judgment of the Supreme Court dated 14th March, 1989 and was entitled for the scale of Rs. 4500-150-5700/-. The petitioner, therefore, claimed the arrears of pay at the said scale. Pursuant to the clarification given to the order dated 14th March, 1989 directions were given to the Govt. by order dated 11th December, 1989 to grant all financial benefits.