A.R. ANSAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ appeals are directed against the order of the learned single Judge made in W.P.No.20895 of 2009 dated 31.10.2011. W.A.No.2429 of 2011 is preferred by the first petitioner in the writ petition and W.A.No.2430 of 2011 is preferred by the third petitioner in the writ petition. As both the writ appeals arise from the very same order in writ petition, these writ appeals are being dealt with by this common judgment.

(2.) IN the writ petition the appellants have prayed to quash the order dated 21.8.2009 passed by the first respondent and for a direction to the first respondent to refix the scales of pay of the petitioners as Yantriks, on par with the scales of pay applicable to Central Police Organisations like the Central Para Military Force (CPMF) and Border Security Force (BSF) with retrospective effect from the relevant dates applicable.

(3.) THE said prayer was opposed by the respondents 1 to 5 by filing a detailed counter affidavit stating that the Recruitment Rules framed in the year 1979 was reviewed after a period of three years, that was in the year 1982 and for direct recruitment for the post of Adhikari/Sahayak Engineers was allowed by abolishing the post of Navik and Yantriks, and the remaining posts were ordered to be filled up by promotion/deputation. In the 6th Central Pay Commission, the Government of India has approved Rs.800/ per month as Coast Guard Yantrik pay to all six ranks of Yantrik cadres by order dated 21.8.2009 and the appellants are not justified in comparing the pay scale of BSF and CPMF. There was no enhancement of qualification in the year 1982 as there was no recruitment to Yantrik cadres prior to the revision of rules in the year 1982. The fixation of pay of Rs.800/ per month to the employees working in the technical branch of Coast Guard from the level of Yantrik to the level of Pradhan Sahayak Engineer would count for all purposes including dearness allowance and for pension. The Central Pay Commission or Expert Body, verified/evaluated by the staff of different organisations, and their recommendations are to be approved by the Government of India and the Fast Track Committee in this case after analysing the recommendations, fixed an additional sum of Rs.800/ per month to all cadre staff working in the technical branch of Coast Guard Organisation.