UNION OF INDIA Vs. D S AHLUWALIA

JUDGEMENT

(1.) Appellants, Union of India through its Secretary in the Ministry of Home & Finance and the Director of General of Border security Force have filed this Letters Patent Appeal, aggrieved by the judgment dated May 7,2004 passed by the learned Single Judge in SWP No. 2859/2001. The learned- Single Judge by the impugned judgment, allowed the writ petition. Operative part of the impugned judgments reproduced for facility of reference:

(2.) Appellants contention is that the Cabinet had approved up-gradation/creation of the posts of Chief Law Officer and Law Officers Grade-1 to bring them at par with the post of Chief Law Officers and Law Officers Grade-1 in the National Security Guards and Coast Guards only with effect from August 28, 1998. It is, accordingly, urged that it is from this date that any claim for parity with the posts of Chief Law Officer and Law Officer Grade-1 in the National Security Guards and Coast Guard can be entertained.

(3.) This case has a chequered history. For appreciation of the matter in controversy, facts relevant thereto, shorn of unnecessary details, are being noticed below.