TARIF SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner joined BSF as a Constable in the year 1967. He was detailed for one year training for the course of Veterinary Stockman at Jaipur. After completing one year's training, he was appointed as Stockman in the rank of Head Constable by the BSF vide order dated 8th December, 1982 in the pay scale of Rs. 225-308. Even though as per the Fourth Pay Commission, the pay scale for the post of Stockman/stock Assistant/vaccinator/milk Recorder was prescribed as Rs. 975-1540, but the petitioner was given the pay scale of Rs. 950-1400 which was also the pay scale admissible to the post of Constable.

(2.) ON 6th June, 1995, the petitioner was designated as Head Constable (Compounder Veterinary) and was given the pay scale of Rs. 975-1660. According to the petitioner, both as Stockman and Compounder, the rank of the petitioner was that of Head Constable and as such there was no promotion involved. It is also stated by him that even as per the new Recruitment Rules floated in 2003, head Constable (Stockman) is not a feeder post for Head Constable (Compounder veterinary) and, therefore, it is contended that both the posts used to be and are still one and the same post as per Recruitment Rules, 2003 as also that the essential qualification for recruitment to both the posts is the same.

(3.) IT is submitted that as per the recommendations of the Fifth Pay commission, the Central Government revised the pay scale of both Head Constable (Stockman) and Head Constable (Compounder Veterinary) as Rs. 4000-6000 but while implementing the aforesaid pay scale, the possession of two- year certificate course was made mandatory and those who were not possessing the two-year certificate had been given the replacement scale of Rs. 3200-4900. Since the petitioner was holding only one-year certificate, he was also given the pay scale of Rs. 3200-4900 as a replacement pay scale.