MAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 19/9/1989, since the Ministry of Home Affairs[1] implemented combatisation policy in Central Para Military Forces[2], certain civilian posts of the Indo Tibetan Border Police[3] were given option of conversion to combatisation post in the ITBP. In fact, the post of Accounts Officers @ pay scale Rs.2375.003500/- was made equivalent to Subedar Major (Accounts Officers) @ pay scale Rs.2000.003200/-.

(2.) As things existed then, a personnel holding the post of Subedar Major (Group B Non-Gazetted) could not be assigned the duties of Drawing and Disbursing Officer with authority for signing the bills for drawl of payment from the Pay and Accounts Office of ITBP in terms of provision contained in the Rule 35(2) of the Receipt and Payment Rules Civilian Accounts Officers. However, vide order dtd. 7/2/2000, the MHA converted the post of Subedar Major (Accounts Officer) (Group B Non-Gazetted) to Joint Assistant Commandant (Accounts Officer) (Group B Gazetted)[4] with pay scale of Rs.6500.0010500/-.

(3.) Since the petitioners opted for Subedar Major (Accounts Officers) and were working as Accounts Officers then, as per petitioners, since the conversion of the said posts to JAC (AO) which tantamounted to upgradation with higher duties/ responsibilities, on 19/5/2006, they made a representation to the ITBP for correction of anomaly regarding their pay scale. In response thereto, the ITBP, apprised them that the matter would be taken up with the 6th Pay Commission. Later, on 10/2/2009, the feeder cadre post of Inspector (Accountants) (Group B Non-Gazetted)[5] and the post of JAC (AO) alongwith the lower post in hierarchy of Subedar Major (Group B Non-Gazetted) were all placed in the same pay scale of Rs.9300.00 - 34800/- in PB-2 with Grade Pay at Rs.4600.00 per month.