MANJIBHAI KALABHAI PATEL Vs. THE GENERAL MANAGER

JUDGEMENT

(1.) WE have heard Mr. P.H. Pathak, learned advocate for the petitioner and Mrs. Vasavdatta Bhatt, learned advocate for respondent No. 3.

(2.) THE basic facts emerging out of this Writ Petition are that the petitioner was appointed in the Railway Protection Force as Rakshak on 02.07.1966. Thereafter, he was promoted as Sr. Rakshak w.e.f. 01.01.1983. Rakshak is called Constable & Sr. Rakshak is called Naik in revised RPF Rules, 1987. It is relevant to point out here that the post of Naik was abolished w.e.f. 10.10.1997 and Naik was designated as Head Constable vide Railway Board's letter No. PC -V/97/G/4 (RBE No. 171/97) dated 04.12.1997. By Railways Board's letter No. PCV/97/1/RSRP/1 dated 16.10.1997, pay scales of RPF staff was revised from 01.01.1996 i.e. Head Constable's Revised Pay Scale became Rs. 3200 -85 -4900/ -, Naik's Revised Pay Scale was Rs. 3050 -75 -3950 -80 -4590/ - and Constable's Revised Pay Scale was Rs. 2750 -70 -3800 -75 -4400/ -. Further the Board's letter No. PC -V/97/G/4 dated 4.12.1997 replaced the pay scales of RPF staff w.e.f. 04.12.1997 i.e. Head Constable's Revised Pay Scale was Rs. 3200 -85 -4900+50 Special Pay (For existing incumbent only), Naik's Revised Pay Scale was Rs. 3200 -85 -4900/ - (Naik was designated as Head Constables) and Constable's Revised Pay Scale was Rs. 3050 -75 -3950 -80 -4590/ - (Two advance increments). The date of implementation was revised as 10.10.1997 vide Railway Board's letter No. PV - -V/97/G/4 (RBE No. 129/2000) dated 30.06.2000. The pay scale of Railway Protection Force staff was revised as per the recommendations of Fifth Pay Commission from 01.01.1996. The petitioner was working as Naik on 01.01.1996 and since the post of Naik was merged with the post of Head Constable, he became Head constable at a later point of time. The effect was that the petitioner would be entitled for two advance increments and his pay was to be stepped up to be equivalent to his juniors, who were getting higher pay than the petitioner.

(3.) IT has been stated in the aforesaid decision of the Hon'ble Apex Court that if the juniors are getting higher pay scale than their senior, in that case, the pay of senior should be stepped up and he may be granted benefits of stepping up of pay.