VIKAS CHANDEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is seeking quashing of OM dated 19.07.2013 issued by the Directorate General, SSB rejecting a representations made by him and two other personnel regarding the anomalies in the fixation of their pay and for stepping up of pay.

(2.) The petitioner was recruited as a Constable in the Medical Cadre of the respondent No.2/SSB on 06.02004 in the pay-scale of Rs.3050-75-3950. On 01.01.2006, the recommendations of the Sixth Pay Commission was accepted by the Central Government and on applying the said recommendations, all the Constables in the SSB including the petitioner herein were granted Grade Pay of Rs.2000/- and their pay was fixed at Rs.6060/- per month. Since the direct recruits, who had joined on or after 01.01.2006, were given a fixed pay at Rs.6460/- per month, the pay of Constables in General duty cadre and other cadres/trades, who had joined SSB prior to 01.01.2006, was stepped up to Rs.6460/-. However, the pay of Constables working in the Medical Cadre was not stepped up for the reason that no recruitment had taken place in the said post after 01.01.2006.

(3.) When the petitioner had pointed out the anomalies in his pay fixation by submitting a representation dated 12.09.2012, the respondent No.2/SSB had issued OM dated 19.07.2013, stating inter alia that it had forwarded a proposal to the Ministry of Home Affairs for obtaining a one time relaxation in the provisions of stepping up of pay for removing the anomalies in the matter of pay fixation of the Constables in the Medical Cadre but the Ministry had returned the said proposal on the ground that no recruitment had taken place to the subject post after 01.01.2016. Hence, the present petition.