C J CHAKRADHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed seeking a mandamus declaring the action of the respondents in denying the benefit of rationalized revised pay scales and fixation of pay with arrears from 1. 1. 1996 basing on the proceedings No. PC-V/9/4 (RBE No. 228/98)dated 7. 10. 1998 and Para 2 of the proceedings No. PC-V/97/g/4 (RCE No. 171/97) dated 4. 12. 1997 as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India.

(2.) IT appears, in pursuance of the fifth Pay Commission (Central), the pay of the employees working in Central government departments including Railway protection Force was increased and adopted with effect from 1. 1. 1996. Petitioners were also put on revised pay scales with effect from 1. 1. 1996. However, it appears that the recommendation of Fifth Pay Commission (Central) for artisan staff has caused some disparities since that group was functioning with other categories of Railway employees. In view of the disparities and discrepancies of relativities, the Railway Ministry with the approval of the Cabinet has revised the pay scales of artisan staff. The effect of this revision was made from 1. 1. 1996. However, in the case of staff of Railway protection Force, the pay scales were revised under Railway Board's letter dated 4. 12. 1997 on the basis of revision done by the Ministry of Home Affairs and other interested Police organizations and was on the same analogy. Therefore, it was made applicable to the Railway Protection Force prospectively from the date of issuance of letter i. e. from 4. 12. 1997.

(3.) NOW the grievance of the petitioners is that they are entitled for revised pay scales of artisans as approved by the ministry of Railways with effect from 1/1/1996 and not from 4/12/1997. This seems to be unreasonable one. In fact, in case of other Central Police Organisations, the revised pay scales were adopted with effect from 10/10/1997. It is not the case of the petitioners that the staff of other central Police Organisations have been paid the revised pay scales after correction of relativities from 1/1/1996. No loss is caused to the petitioners nor an injustice is caused to them in view of the fact that it was adopted within two months thereafter i. e. , with a delay of two months. Further, no recovery is sought to be effected from the petitioners on the ground that the salaries as adopted by the Railway Board on 4. 12. 1997 was less than the pay scales recommended by the Fifth Pay Commission (Central) with effect from 1/1/1996.