S.K. RATTAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was working as a Deputy S. P. In Data Section of the Co -ordination Division of Central Bureau of Investigation till 12th April, 1988. Vide order dated 11th November, 1987 issued with the sanction of the President, administrative control of Data Section of Coordination Division of the CBI was transferred to National Crime Records Bureau (hereinafter referred as NCRB) along with ten posts including one post of Deputy S.P. Vide order dated 12th April, 1988, services of the petitioner were placed at the disposal of NCRB, on transfer basis. At the time of transfer the petitioner was drawing salary in the pay scale of Rs. 2200 -4000, which was the pay scale of Dy. S.P. in CBI.

(2.) VIDE order dated 13th April, 1992, the pay of the petitioner was re -fixed in the pay scale of Rs. 2000 -3500. Consequent to the revision of pay of Dy.S.P. in CBI, the petitioner was allowed to draw pay in the pay scale of Rs. 2200 -4000 w.e.f. 12th April, 1988, the day he was transferred to NCRB.

(3.) THE grievance of the petitioner is that the respondent had maintained his pay -parity with his counter -part in CBI, till the date of his promotion as Joint Assistant Director and since the post of Joint Assistant Director in NCRB corresponded to the post of Superintendent of Police in CBI and the two posts are identical, requiring same qualifications and eligibility and a Joint Assistant Director in NCRB performs the same functions as are performed by Superintendent of Police in Data Section of CBI, he is entitled to be placed in the pay scale of Rs. 4100 -5300 (pre -revised) w.e.f. the date of his promotion as Joint Assistant Director.