STATE OF GUJARAT Vs. P D ANKLESARIA

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the State of Gujarat-original respondent No. 1-against the judgement dated 28-3-1979 of the learned single Judge in Special Civil Application No. 883 of 1978.

(2.) Original Petitioner Mr. P. D. Anklesaria joined the then Police Force of the State of Bombay in 1935. On bifurcation of the State of Bombay the petitioner was allocated to the State of Gujarat. In the State of Gujarat the petitioner was confirmed as a Deputy Superintendent of Police with effect from 1-5-1960. On 27-12-1965 the petitioner was promoted to the higher post and was posted as D.S.P. Bulsar. For want of vacancy he proceeded on Earned Leave from 25-10-1966 and he was again promoted as Superintendent of Police C.I.D; Crime and Railways Gujarat State on 12-6-1967 which post he held continuously till his retirement on superannuation on 25-10-1970. The case of the petitioner is that the post of D.S.P. Bulsar and S.P. C.I.D. where cadre posts within the meaning of Indian Police Service (Cadre) Rules, 1954 and the Cadre post of D.S.P. carries with it the senior time scale of pay of I.P.S. namely Rs. 740-40-1100-50/2-1250-50-1300. According to the petitioner he was actually paid the minimum of the senior time scale of Rs. 740.00 per month. He was also paid a Special Pay of Rs. 150 per month which is permanently attached to the post. In addition to that he also got the actual D.A. H.R.A. C.L.A. etc. when he was officiating as Superintendent of Police C.I.D. According to the petitioner he was actually entitled to an initial pay of Rs. 980.00 p.m. on 12-6-1967 under the I.P.S. (Pay) Rules, 1954.

(3.) According to the petitioner after his retirement on 25-10-1970 his pay was revised five times and in the pay fixation done on 17-1-1973 the pay of the petitioner was fixed at Rs. 780.00 p.m. while according to the petitioner in the pay fixation done on 24-7-1973 grave injustice had been done to him. It is the case of the petitioner that instead of fixing the pay of the petitioner at Rs. 980.00 p.m. on 12-6-1967 his pay was fixed only at Rs. 780.00 p.m. Further his special pay as the period at his officiation was not approved by the Government of India was not paid to him. It is his further case that for the periods 1-11-1969 to 24-11-69 and from 25-9-1970 to 24-10-1970 the petitioner was paid his substantive pay of Deputy Superintendent of Police although he discharged the functions and duties of the Superintendent of Police. On 1-4-1968 the substantive pay of the petitioner was Rs. 790.00 while in the I.P.S. grade he had been paid Rs. 780.00. Similarly on 1-4-1969 the substantive pay of the petitioner was Rs. 825.00 while in the I.P.S. scale he had been paid Rs. 820.00 only. On 1-4-1968 the substantive pay of the petitioner was Rs. 870.00 while he had been paid Rs. 860.00 only. The petitioner by his letter dated 9 had brought this injustice to the notice of the Government but according to the petitioner no action was taken. Thus the grievance of the petitioner is that grave injustice has been done to the petitioner in the matter of his initial pay increments and special pay and non-approval of his officiation by the Government of India. The last fixation of pay done on 24-7-1973 has been accepted by the petitioner under protest by his letter dated 21-11-1973.