AR ANSAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The 10 petitioners have filed the present writ petition seeking to challenge an order of the first respondent Union of India represented by its Secretary, Government of India, Ministry of defence, dated 21.08.2009 and seeks to set aside the same with a consequential direction to refix their scale of pay as Yantriks on par with the scales of pay applicable to the Central Police Organizations like the Central Para Military Force (CPMF) and the Border Security Force (BSF) with retrospective effect. By the impugned order, dated 21.8.2009 issued by the first respondent addressed to the fourth respondent Director General of Coast Guard, the Government of India had sanctioned payment of Coast Guard Yantrik Pay at the rate of Rs.800/- per month to employees working in the Technical Branch of Coast Guard Organization from the level of Yantrik to the level of Pradhan Sahayak Engineer. The said pay will count for all purposes including DA and pension and that it will be effective from 01.01.2006.

(2.) When the writ petition came up for admission on 14.10.2009, notice was issued to the counsel appearing for the Coast Guard. Subsequently the writ petition was admitted on 05.11.2009. On an application fixing an early date, this court directed the matter to be listed during August, 2010. But for the reasons best known, the matter was not taken up. On notice from this court, on behalf of all respondents, the fifth respondent has filed a counter affidavit, dated 16.7.2010 together with supporting typed set containing documents in support of the averments made in the counter affidavit.

(3.) Heard the arguments of Mr.S.Ramasamy, learned Additional Advocate General appearing for the petitioner and Mr.M.Devendran, learned Senior Panel counsel appearing for respondents.