NAGENDRA KUMAR JHA Vs. UOI AND ORS.

JUDGEMENT

(1.) The petitioner seeks a direction that the pay drawn by him in the post of Lecturer in Sanskrit Department of Samastipur College, University of Darbhanga be protected. He was appointed after successfully competing to the post of CISF on 10.09.2000 in the pay scale of Rs. 8000 -275 -13500. The petitioner had joined the Samastipur College, a Constituent Body of Lalit Narayan Mithila University, Darbhanga on 11.12.1996 as a Lecturer. He was subsequently confirmed to the post on 03.05.1999. He appeared in the Civil Services Examination and was selected for the post of Assistant Commandant in the CISF and offered appointment. The petitioner refers to a conversation of Administrative Institute Deputy Director to the effect that pay protection order shall be made. After completion of training, he was posted to the ONGC, Nazira Unit of the CISF with effect from 01.04.2002. He was later transferred to the CISF Diamond Mining Project, Panna, Madhya Pradesh. He had, in the meanwhile, sought for an order of pay protection to ensure that the salary, emoluments and increments drawn by him would be reckoned while fixing him in the basic salary at the appropriate stage of the pay scale in the grade of Assistant Commandant.

(2.) The CISF by its letter dated 23.11.2004 rejected the petitioner's claim for pay protection entirely in the following terms: -

(3.) It is claimed and so urged by the petitioner's counsel Mr. Sandeep P. Agarwal that the stand of the CISF is unreasonable. In support of the contention, the learned counsel relies upon the Office Memorandum issued by the Department of Personnel and Training (DoPT) dated 07.08.1989.