METONGMERENAO Vs. STATE OF NAGALAND AND ANR

JUDGEMENT

(1.) Heard Mr. A. Zhimomi, learned Counsel for the Petitioner. Also heard Mr. N.M. Jamir, learned Government Advocate, appearing on behalf of State Respondents.

(2.) The facts leading to filing of this writ petition are that the Government of Nagaland by a resolution passed by the cabinet on 9.4.1976, decided to set up a State Vigilance Commission ('SVC') to be headed by the State Vigilance Commissioner for which jurisdiction, powers and functions have been assigned. In terms of the aforesaid Resolution, several State Vigilance Commissioners were appointed by the Government of Nagaland on various occasions providing them monthly pay-scale/salary. The Petitioner after his retirement from service in the rank of Commissioner and Secretary, was appointed as the State Vigilance Commissioner vide Notification No. VIG/3-E/78(PT) dated 21.6.2006 for a period of 5 years or till he attains the age of 65 years whichever is earlier with effect from the date he assumes charge of his office. In the said Notification, it is provided that he will be given salary equivalent to the last pay drawn by him as an IAS officer in the super time scale minus the pension being drawn by him. At the time of retirement, the Petitioner was drawing super time scale permissible to All India Service Officers in the scale of pay of Rs. 18,400 p.m. The Petitioner accepted the assignment and assumed the office of State Vigilance Commission. After assumption of office, the Petitioner came to know that one Mr. S.M. Bagai, an officer in Indian Revenue Service and Mr. N. Jakhalu, a retired IAS officer below the rank of Chief Secretary, were appointed as State Vigilance Commissioners by the Government of Nagaland and they were paid in the pay scale of Chief Secretary and the same scale of pay have been denied to him. Being aggrieved, the Petitioner filed a representation before the Government for equal salary to the rank of Chief Secretary. On consideration of his representation, the Government vide Notification dated VIG/3-E/78(Pt) dated 12.3.2008 fixed the pay scale of the State Vigilance Commissioner at Rs. 22,400-525-24,500 p.m. with immediate effect. This pay scale is not equivalent to the salary of Chief Secretary which starts at Rs. 26,000 p.m. The Petitioner having not been satisfied with the pay-scale of Rs. 22,400-525-24,500 p.m. as provided in the aforesaid Notification, has approached this Court with the following grievances to:

(3.) The only question involved in this case is whether the present Petitioner as State Vigilance Commissioner is entitled to salary equivalent to the salary of Chief Secretary of the State.