R.M. SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant has filed this Original Application under section 19 of the A.T. Act, 1985, seeking the following relief : - -

(2.) THE applicant was initially appointed as Superintendent of Police by State Government on 12.10.1984 and was inducted into IPS in 2002 with the year of allotment as 1997 and was confirmed also vide notification dated 10.10.2005.

(3.) AFTER 6th CPC accepted recommendations, this pay sale was replaced by pay band of Rs. 37400 -67000 + GP Rs. 8700/ -. However, respondent No. 4 while fixing the pay of the applicant issued office order dated 9.1.2009 (A -3) as per provisions of IPS (Pay) Amendment Rules, 2008, took the pay scale of applicant as Rs. 12000 -375 -39100 and fixed the applicant in Pay Band of Rs. 15600 -39100 + GP of Rs. 7600/ - and his pay was fixed at Rs. 31,070/ -. The applicant agitated against this fixation of pay. Meanwhile, he came to know that one Sh. Himanshu Mishra and Kewal Krishan Indoria, juniors to him, were granted Pay Band 4, whereas same was denied to him, thereby creating pay anomaly in terms of Fundamental Rule 22 (I)(a)(i).