KEMAR KAMSI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The present one is an unpleasant case of glaring insensibility, irrationality and arbitrariness on the part of State Government, while dealing with its own employees.

(2.) The material facts and various stages, which have led to the present writ petition, may, in brief, be set out as follows :- The Petitioners, who are 96 in number, are Sub-Inspectors of Police in Arunachal Pradesh Police Force of the Government of Arunachal Pradesh and they all fall under Group-B (non-Gazetted) officers as has been categorized by the State Government. Implementing the recommendations of the 4th Pay Commission, the State Government made available to its Group-B (non-Gazetted) officers including the Sub-Inspectors of Police the Scales of Pay of Rs. 1640-2900/- p.m. with effect from 01.01.1986. Having, thereafter, accepted the recommendations of the 5th Pay Commission and chosen to follow the pay scales recommended by the said Commission, the State Government revised the pay scale of Rs. 1640-2900/- p.m. to Rs. 5500-9000/- p.m. for the Group-B (non-Gazetted) officers and made the said scale of pay available with effect from 01.01.1996. For reasons, which the State Government has not disclosed to this Court, the Government chose to grant to some of the classes of its officers, both Gazetted as well as non-Gazetted, working in various Departments, pre-revised pay scale of Rs. 2000-3200/- p.m. in place of Rs. 1640-2900/- p.m. aforementioned. The effect of introducing this pre-revised pay scale was that some of the officers, Gazetted as well as non-Gezetted, who fell in Group-B, started receiving the Corresponding pay scale of Rs. 6,500-10,500/- p.m. in place of Rs. 5,500-9,000/- p.m., which they were receiving earlier. This benefit of enhanced pre-revised pay scale was, in fact, initially, made available to some Group-B as well as Group-A and Group-C officers. Gradually, the benefit of the pre-revised enhanced pay scale was given to many other categories of officers, both Gazetted as well as non-Gazetted, of the different Departments. Thus, the Directorate of Information and Public Relations and Printing started receiving this pay scale with effect from 18.01.1996, the Arunachal Pradesh Civil Service Officers received this benefit with effect from 13.07.1997, the Directorate of Research received the benefit of this enhanced pre-revised pay scale with effect from 25.04.1997, the Deputy Superintendents of Police and Prosecuting Inspectors of Police began to receive this benefit with effect from 30.07.1997, the Office Superintendents of the Secretariat establishment in Ministral Cadre, teachers, Junior Engineers, started receiving this pre-revised scale with effect from 01.04.1998, the Finance & Accounts Department, Language Officer/Librarian/Assistant Research Officer/Assistant Curator/Technical Assistant/Archival Assistant were granted this benefit with effect from 01.01.2000 and the Extension Officers in Agriculture/Horticulture Departments came to receive this enhancement with effect from 01.05.2002.

(3.) When the State Government withdrew the benefit of pre-revised pay scales in respect of the Deputy Superintendents of Police, Prosecuting Inspectors of Police, Directorate of Information and Public Relations & Printing, Directorate of Research and Arunachal Pradesh Civil Service Officers, they approached this Court and by order, dated 19.11.2003, passed in WP(C) No. 362 (AP) 2001, WP (C)No. 380 (AP) 2001, WP No. 164 (AP) 2000, WP No. 168 (AP) 2000, WP No. 167 (AP) 2000, this Court set aside the order, whereby the Government had withdrawn the benefits of the pre-revised pay scales in respect of the officers aforementioned, for, the Court concluded that having granted the benefit of pre-revised pay scales to the officers concerned, the benefit could not have been taken away without giving them any opportunity of showing cause or hearing. Though the State respondents were given, vide order, dated 19.11.2003, aforementioned, the liberty to consider and decide the question of reduction and re-fixation of the scales of pay of the said writ petitioners after giving them the opportunity of showing cause and hearing, no further action has admittedly been taken in this regard by the State Government and in consequence thereof, the officers aforementioned have continued to receive the benefits of the pre-revised enhanced pay scale. The order dated 19.11.2003 of this Court, having not been challenged, has thus attained finality.