SORAISAM MANIMACHA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Mohendro, learned counsel for the petitioner and Mr. S. Suresh, learned ASG for the respondents.

(2.) We find no error in the order of the Tribunal. At the outset we would like to point out that the Tribunal was incorrect in stating that the issue in that case was akin to comparing an apple with another apple. On the contrary it is a case of an orange trying to compare itself with an apple.

(3.) The brief facts of the case of petitioner is that he was initially appointed as Veterinary Field Assistant vide letter dated 02.02.1987 by the Director General of Assam Rifles in the pay scale of Rs. 975-1540/- per month. Thereafter, on the implementation of 5th Pay Commission (ROP 1997), the pay scale of the petitioner was revised to Rs. 3200-85-4950 per month under Part "A" of First Schedule 5th CPC (ROP) 1997. Thereafter, the petitioner was placed in the pay scale of Rs. 4000-6000 per month on the basis of Ministry of Home Affairs' letter No. II.27014/16/99-PF.IV dated 28.10.2003. Upto this point, there appears no problem. On 14th March, 2012 first financial upgradation was granted and Assured Career Progression (ACP) Scheme to the effect from 9th August, 1999 in the scale of pay of Rs. 5000-175-9000 per month. This first financial upgradation was objected to by the pay and accounts office (Assam Rifles) vide their letter No. PAO/AR/NPS-Pay Bill/Misc./2012-13/164 dated 03.01.2013. It is pointed out by the Pay and Accounts that the petitioner was entitled to get ACP from S-7 (4000-100-6000) to S-8 (4000-125-7000) w.e.f. 09.08.1999 and that the grant of higher scale of pay Rs. 5500-175-9000 amounts to jumping two levels i.e. from S-7 to S-10. Against the above proceedings of Pay and Accounts (Assam Rifles) dated 03.01.2013, the petitioner applicant submitted a representation dated 22.11.2013. He also approached the Tribunal and the Tribunal by order dated 30.03.2015 directed the authorities to dispose of the petitioner's representation. The representation dated 22.11.2013 was disposed of on merits rejecting it in the proceedings No. 1.4015/Rec/Adm-IV(Civ)/SMS/2015/715 dated 22.05.2015. While rejecting the representation the authority cancelled the financial upgradation of the petitioner applicant to Rs. 5500-175-9000. The petitioner aggrieved by it approached the Tribunal. The Tribunal rejected the application by the impugned proceedings and hence the writ petition has been filed.