RAM NIWAS Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) By way of the present writ petition, the petitioner seeks a direction that there basic pay be fixed at Rs. 9,910.00 with effect from Jan. 01, 2006. The basis of the claim is that this is the entry level pay to be fixed for directly recruited Head Constables as per the CCS (Revised Pay) Rules, 2008. The petitioner had also submitted the representation for the same, which was rejected vide order dated March 26, 2015 wherein the legal stand of the respondents is also reflected.

(2.) Briefly noted, the facts germane for adjudication of the present petition are that pursuant to a recruitment drive held in the year 1984, the petitioner was appointed in BSF to rank of Naik/RO, and thereafter, in the year 1995 petitioner underwent the Radio Line Grade -III course at the Signal Training School, Bangalore, the same being the trade course for Radio Operators. The petitioner was appointed as Naik Operator on Jan. 21, 1997 and at that point of time, the pay of the petitioner was fixed in terms of the recommendation of the 5th Central Pay Commission. He drew basic pay in sum of Rs. 950.00 with annual increment of 25.00.

(3.) As per the recommendation of the 5th Central Pay Commission, the post of Naik Operator was merged with the of Head Constable as Head Constable/RO w.e.f. Oct. 10, 1997 and the same was an Entry Grade post in the communication wing of BSF. Consequent to the aforesaid up gradation, petitioner was placed in the pay scale 3200-85-4900 and accordingly, the basic pay of the petitioner upon joining the force was fixed at 3,200.00.