D S AHLUWALIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, D.S.Ahluwalia, a Law Officer Grade -I in the Border Security Force, preferred the present writ petition, claiming parity in rank and pay scale with his counterparts in Coast Guard and National Security Guard on the principle of "equal pay for equal work". Petitioner further claims that the benefits of up -gradation should not be restricted up to 24.8.1999, while he was performing the same duties, responsibilities and the nature of work, being identical, even prior to the said date.

(2.) FACTS of the case, in brief, may be noticed.

(3.) ACCORDING to the averments made in the petition, to arrest the trans -border crime and to inculcate the sense of security amongst the border population, an armed force of Union of India was raised after Indo Pak War of 1965, with a stringent code of conduct namely, Border Security Force Act, 1968, on the pattern of Army Act, 1950, to maintain high standards of discipline in the force. The Law branch was also set -up on the pattern of Judge Advocate General, with same powers, duties and responsibilities. The system of Court Martial was also followed on the pattern of the army. The Coast Guard and NSG were raised as armed forces of the Union subsequently, and adopted the same disciplinary code. The Coast Guard Act and NSG Act were shaped on the pattern of BSF Act with same powers, responsibilities and duties of the Law Officers. The post of Chief Law Officer and Law Officer Grade -I, were sanctioned in the BSF during 1969 and at that time Law Officer Grade -I was placed in the pay scale which was much higher to that of a Commandant on the general duty side. The scale of Chief Law Officer (C.L.O for short) was also comparable to that of a DIG. In order to bring parity, Government, subsequently, submitted the case of BSF Law Officers to the 4th Central Pay Commission (CPC for short) to grant pay scale of DIG to the Chief Law Officer and that of the Commandant to Law Officer Grade -I. When 4th Pay Commission made no reference in its report about the BSF Law Officers, the Ministry of Home Affairs (M.H.A for short) took up the case with the Ministry of Finance (MOF for short) and finally in the year 1993, it was decided that their case be submitted to 5th Pay Commission, which was appointed by that time. Accordingly, the case was submitted to 5th Pay Commission recommending that BSF Law Officers be brought at par with their counterparts in Coast Guard and NSG, where the Chief Law Officer was in the rank and pay scale of a DIG and Law Officer Grade -I in the rank and pay scale of a Commandant, on the principle of 'equal pay for equal work.