PANAMA CHHAIVANG Vs. DIRECTOR GENERAL SECURITY DIRECTORATE
LAWS(HPH)-1997-3-32
HIGH COURT OF HIMACHAL PRADESH
Decided on March 27,1997

PANAMA CHHAIVANG Appellant
VERSUS
DIRECTOR GENERAL SECURITY DIRECTORATE Respondents


Referred Judgements :-

DIVISIONAL SUPERINTENDENT,EASTERN RAILWAY,DINAPUR AND ORS. V. SHRI L.N. KESHRI AND ORS. [REFERRED TO]
STATE OF UTTAR PRADESH VS. J P CHAURASIA [REFERRED TO]
SAHIB RAM VS. STATE OF HARYANA [REFERRED TO]
TRILOKI NATH KHOSA VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]


JUDGEMENT

LOKESHWAR SINGH PANTA, J. - (1.)This writ petition has been filed primarily for quashing office order No. 1/211/4th Pay/87 -13238 -55 dated June, 1987 (Annexure PB). issued by the second respondent whereby revised pay scale of Rs. 950 -1499 had been denied to the petitioners and for directing the respondents to; restore to the petitioners the said pay scale with effect from the date the same was denied to them The petitioners nave also prayed that they shall be granted equal pay analogous to their counter -part matriculate constables employed in the Special Service Bureau with further prayer restraining the respondents from effecting recoveries from their pay in pursuance to the order (Annexure PB).
(2.)The petitioners were employed as constables in the Special Service Bureau belonging to the combatant forces. At the time of their recruitment they were non -matriculate. There are several combatant forces such as Central Reserve Police Force, Indo - Tibetan Border Police, Central Industrial Security Forces and Assam Rifles maintained by the ministry of Home Affairs for the security of the country. According to the averments of the petitioner the Special Service Bureau and the Intelligence Bureau perform the duties and functions of more arduous nature which are more difficult and not comparable with the other forces. Thus there is a difference of pay scale in each rank of the aforesaid forces i.e. Constables of other forces were drawing pay scale of Rs. 210 -270/ -(pre -revised) and revised Rs. 825 -1200 under the 4th Pay Commission report whereas the Constables of Intelligence Bureau were earlier drawing Rs. 225 -308 and the revised pay scale of Rs. 950 -1400. Petitioners have stated that at the time i of selection, no distinction was made between matriculate and non - matriculate constables and only qualifications are literacy and physical fitness and intelligence of a person to be brought as a constable in the Special Service Bureau and under the Intelligence Bureau of the Ministry of Home Affairs. Under the report of the 4th Pay Commission which was accepted by the Central Government, the revised pay scale was granted to the constables at Rs. 950 -1400 w.e.f. 1st January, 1986 which was permitted to the petitioners and all other constables irrespective of the fact whether they were matriculates or non - matriculates vide Office Force Order No. 34 dated 9th December, 1986 which remained in force through out. The copy of the said order has been placed on record as Annexure : PA to this writ petition. The petitioners have stated that they continued to draw the aforesaid pay scale till June, 1987 but now abruptly vide office order Annexure : PB the aforesaid pay scale has been denied to them without any justification and their pay scale has been brought down to pre -revised scale of Rs. 210 -270.
(3.)Being aggrieved by the aforesaid action on the part of the respondents the petitioners have preferred the present writ petition on the grounds that the decision of the respondents in fixing different pay scales for matriculates and non -matriculates constables is arbitrary and discriminatory and they have been deprived of the revised pay scale by illegally reducing the pre - revised pay scale.


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