DHRUBA JYOTILAHIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) While serving in the Assam Rifles the peti- tioner has been promoted to the rank of Com- mandant w.e.f. 7.9.92 on officiating basis fol- lowed by regularisation w.e.f. 1.2.1995.

(2.) Having accepted the Fifth Central Pay Commissi'n report, the Central Government in the name of the President issued Notification dated 30.9.1997 merging the existing posts of Commandant (Ordinary Grade) with the Commandant (Selection Grade) and allowed the identical pay scale of Rs. 4500-5700/- having re-named both the posts as Commandant and that was done vide order dated 27,10.97. Before issuing this merger order there were two categories of Commandant in the Assam Rifles, one was called Commandant (Ordinary Grade) and the next rank was Commandant (Selection Grade with a higher pay scale), but pursuant to the Fifth Central Pay Commission report the said two ranks have been merged together providing a single pay scale. The related portion of the order dated 27.10.97 is re- produced below :-

(3.) Admittedly, prior to 27.10.97, Commandant (Ordinary Grade) was the Second-in-Command and the: Commandant (Selection Grade) was the Firstt-in-Command. But by virtue of the merger/amalgamation of those two posts, the only post Commandant came into existence having same pay scale, but so far the rank is concerned! it is mentioned there in the said order that the Second-in- Command will continue to draw the scale of pay of Rs. 4500-5700 being personal to them till they are placed in the rank of Commandant in their turn with reference tec the number of vacancies available in each Central Para- Military Force.