MAJOR S RAVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who are Armed Forces Personnel working in Survey of India known as Corps of Engineering Officers, question the impugned proceedings issued by the second and third respondents, in not granting general approval for drawing of technical pay to the petitioners as per the instructions issued by the first respondent through proceedings No. 30/ (10)/81/D (Pay/ Service) dated 6-11-1984, as illegal, void and consequently to direct the respondents to grant General Approval to the petitioners to draw the technical pay as per the instructions as well as Rules issued by the first respondent from time to time.

(2.) The petitioners were originally recruited in Armed Forces known as Corps Engineer Officers thereafter seconded to Survey of India in different capacities i.e. the 3rd respondent organization It is stated that though they are working in the 3rd respondent organization and that the Survey of India is having the Rules knows as Survey of India (Recruitment of Corps Engineer Officers) Rules, 1950, issued by the President of India under Article 309 of the Constitution, but they are governed by the Service Conditions of the Army Act. Therefore, the Rules, Regulations and Instructions that are applicable to the Defence Officers are applicable to the petitioners also. According to the petitioners, the first respondent in pursuance of the recommendations made by the 3rd Pay Commission, promulgated a scheme which is called as Qualification Pav prior to 1975 to the Corps of Engineer Officers under Army Instruction No. 5/S/76 dated 26-5-1976. According to the scheme, the Corps Engineer Officers are entitled to draw the Qualification Pay at Rs. 75.00 per month, in partial modification of the Army Instructions No. 5/S/62 effective from 1-4-1975 have fixed a lump sum grant of Rs. 6000.00 on successful completion of Long Survey Course and they have drawn the said lump sum amount. Thereafter, the scheme was further clarified through proceedings No. 30/(10)/81/D (Pay/Service) dated 6-11-1984 and under item 11 it is specifically mentioned that the Technical Pay @ Rs. 250.00 per month is admissible to an Officer, if a Post Graduate Degree/ Diploma or its equivalent is acquired, after undergoing the course of training of not less than two academic years or four semesters duration commencing prior to July, 1983 and 1-1/2 year or three semesters commencing from July, 1983 onwards. The above instructions were given retrospective effect from 1-9-1981, which was subsequently enhanced to Rs. 375.00 per month with effect from 1-1-1986. As per the Army Instruction dated 6-11-1984, the Survey Engineering Course is also mentioned and the petitioners who have successfully completed the said course and working prior to 1982 in the 3rd respondent organization are entitled for the Technical Pay. Accordingly, some of the petitioners have drawn the Technical Pay of Rs. 250/- per month but other petitioners have not drawn. Therefore, they made representation to the third respondent to permit them to draw the same, but the permission was not granted.

(3.) According to the proceedings No, El/10799/1198-A dated 14-3-1985 of the 2nd respondent, the Technical Pay of Rs. 250/- may not be drawn by the petitioners, who are Corps Engineer Officers seconded to the Survey of India until further instructions are issued. The third respondent in pursuance of the instructions issued by the second respondent and in consequence of the said proceedings of the third respondent, the petitioners are deprived of drawing the Technical Pay. Accordingly, they have submitted representation to the respondents 1 and 3 and requested them for the grant of approval for drawing the Technical Pay as per the scheme laid down prior to 1975 and modified instructions were given by the first respondent from time to time. It is alleged that the second respondent has not taken any decision upon the representation made by the petitioners. Thereupon, once again another representation was submitted to the 3rd respondent in the year 1987. Pending consideration of the representation made by the petitioners to the 3rd respondent, the 3rd respondent addressed letter No. E1-5004/ 1198-A dated 10-4-1987 to the 2nd respondent for grant of general approval, as all the petitioners being Corps Engineer Officers in the 3rd respondent organization and they are entitled for the Technical Pay based on their qualifications actually possessed by them and it was further mentioned that each petitioner is entitled to draw the Technical Pay with effect from 1-9-1981. But so far the 2nd respondent did not approve the recommendations made by the 3rd respondent. Even the Engineer-in-Chief, who is the head of the Corps Engineer Officers, has recommended to the 1st respondent to take up the matter with the 2nd respondent for the earliest release of payment of Technical Pay to the petitioners through his letter No. 90800/EIA dated 19-6-1987. Though recommendations were made by the 1st and 3rd respondents to the second respondent, the second respondent, who is under obligation to grant general approval for drawal of the Technical Pay to the petitioners, for reasons best known to him, has neither approved nor rejected their request and the matter is lodging since longtime. Therefore, they filed the writ petition seeking the above relief on the ground that as per the Rules and Instructions issued from time to time by the first respondent, all the petitioners being Corps Engineer Officers are entitled to draw Technical Pay. Therefore, depriving the same to the petitioners by the second respondent is illegal, arbitrary and prejudicial to the interest of the petitioners. The second respondent should have granted general approval as recommended by the Engineer-in-Chief, 1st and 3rd respondents to draw the Technical Pay as per Rules and Conditions. Further the petitioners are having qualifications to draw the same under the Rules and Instructions. Therefore, the instructions issued by the 2nd respondent to the 3rd respondent is offending Articles 14, 16 and 21 of the Constitution of India.