DEVENDRA NARAIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present Writ Petition - preferred under Article 226 of the Constitution of India, assails the notification dated 24.12.2001, amending the Appellate Tribunal Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1989 (hereinafter "ATFP Rules, 1989") under Narcotics Drugs and Psychotropic Substance Act (hereinafter "NDPSA"), and notification No. 10/2001 dated 01.10.2001, amending the Appellate Tribunal Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1978 (hereinafter "ATFP Rules, 1978") framed under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter "SAFEMA"), whereby he is being denied a higher pay scale applicable to the post of "member" of the Appellate Tribunal Forfeited Property (ATFP) held by the Petitioner.

(2.) THE Petitioner was appointed as a member of the ATFP in exercise of powers under Section 12 of SAFEMA, 1976 read with sub Rule (2) of Rule 11of the ATFP Rules, 1978 vide order dated 13.04.1999 in the pay scale of Rs. 22,400 -525 -24,500. His term ended on 31.12.2002, after he attained the age of 62 years.

(3.) THE ATFP is a common Appellate Tribunal under SAFEMA, 1976 and NDPSA, 1985. It was originally constituted under Section 12(1) to deal with appeals under Sections 7, 9 (1) or 10 of the SAFEMA, 1976, and later when NDPSA, 1985 came into force, ATFP was constituted as the appellate body under Section 68 N of NDPSA as well, to deal with appeals under Sections 68F, 68 -I and 68K (1) of NDPSA. ATFP has been hearing appeals under SAFEMA and NDPSA since May, 1989. In other words, the two Acts constitute - ATFP with different set of Rules under both the Acts, laying down the conditions of service of the chairman and members.