TAPAN KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ application challenges the judgment dated passed by the learned Orissa 08.01.1999 Administrative Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A. No.197/89 (Annexure1) and prays further to direct the opposite parties, State Authorities to pay the petitioner revised scale of pay equivalent to the pay prescribed for senior scale of IPS or pay prescribed for Commandants in State Service with effect from 01.01.1986 along with interest.

(2.) THE case of the petitioner is that the S.P. (Signal) is a State cadre post but since its creation in 1948, the State Government continued to confer certain benefits including pay scale and allowances equivalent to Senior time scale of pay of IPS Officers as per the IPS Pay Rules, 1954, as revised from time to time by the Central Pay Commission. Accordingly, when senior scale of pay of IPS was revised to Rs.1200 (6th year or under) -50 -1700 with effect from 01.01.1973, the State Government vide resolution No.55448/ P dated 04.12.1976, provided a scale of pay for both the posts of S.P. of Signals Branch at par with the scale of pay of the senior scale of IPS with effect from 01.01.1974. The 4th pay commission for the State Government employees was constituted by the State Government on 19.09.1981. Though the State Government referred cases of some similarly situated posts of police Department having identical scale of pay as that of IPS, it did not refer the case of both the S.P. ranks of Signal Branch to the 4th pay commission. Much before the final acceptance of 4th pay commission recommendation, which culminated in publication of ORSP Rule 1985, the petitioner brought to the notice of the I.G. of police about non -examination of the pay scales of the S.P. Signals by the 4th Pay Commission. The ORSP Rules 1985 did not contain any revised pay scale for the posts of S. P. Signals. In the meantime, the senior scale of IPS was revised with effect from 01.01.1986. Instead of revising the pay scale of S.P. Signals at par with the revised senior pay scale of IPS, the State Government vide notification No.60003/F dated 26.12.1987 prescribed a revised scale of pay only for one post of S. P. Signals, which was not identical to the senior scale of pay of IPS. Due to this, the post, which was being occupied by the petitioner, became inferior to many other posts under the State Government with whom it had similar/comparable status from 1948 to 1984. Besides, it also became a lower rank posts in police department because posts of same rank in the State got higher scale of pay.

(3.) IT is further stated in the writ application that vide Government order dated 16.2.1971 (Annexure -10), the post of S.P. Signals was upgraded to the post of D.I.G. of Police, technical making such up -gradation personal to the holder of the post, namely, Mr. A.P. Mohanty. Thereafter, another post of S.P. Signal in the signal Branch of the State Service was created vide Government letter dated 05.1.1973 (Annexure -11) in the pay scale of Rs. 740 -1300 with indication that the post of D.I.G. Signals created by way of up -gradation of earlier post of S.P. Signals will be kept in abeyance with effect from 8.7.1976 after the retirement of Mr. A.P. Mohanty, D.I.G. Again vide Government order dated 1.10.1974 (Annexure -12), another post of S.P. (II) Signals in the scale of Rs.740 -1300 was created temporarily with effect from the date, it was actually filled up till 28.02.1975. It is stated that the 3rd Central of Pay Commission revised the senior scale of pay of IPS to Rs.1200 (6th year or under) - 50 -1700 with effect from 01.01.1973. Though the State Government revised the scale of pay of the State Government employees as per recommendation of the 3rd State Pay Commission with effect from 01.01.1974 vide ORSP Rules, 1974, it did not revise the pay scale of post of S.P. Signals. However, by subsequent Resolution No.55448/P dated 04.12.1976 (Annexure -13), the pay scale of both the posts of S.P. Signals was revised from Rs.740 -1300 to RS.1200 - ('6th year or under') 50 -1700, making such revision effective from 01.01.1974. It is submitted that putting the restrictive clause 6th year or under' and thereby keeping the pay for the post of S. P. Signals fixed at Rs.1200 for six years was probably in response to the observation of the Accountant General, Orissa made in his letter under Annexure -9.