D.P.SINGH, J. - (1.) WE have heard learned counsel for the petitioner as well as learned Standing and perused the record. Dispute giving rise to the present controversy relates to payment of salary to the petitioner on the post of Secretary of Zila Sainik Board appointed through different sources. Petitioner claimed parity in pay scale on the ground that the persons appointed at later stage by contractual assignment or otherwise have been given higher pay scales.
(2.) THE petitioner who is an officer of Indian Army had joined as Emergency Commissioned Officer on 30.6.1963, later on released from Army on 15.8.1967. Thereafter, he was appointed as Secretary of Zila Sainik Board in 1971 in the pay scale of Rs.400-750, on a non Gazetted post. He was posted at District Shahjahanpur as Secretary Grade-I. Later on some Emergency Commissioned Officers released from the Army were appointed by the Government on the post of Secretary, Zila Sainik Board with higher pay scale and status. Admittedly, even persons junior to the petitioners who were released from the Army services, were appointed on the post of Secretary in the year 1974 with higher pay scale of Rs.550-1200 and gazetted status.
(3.) PETITIONER submitted representation. His submission that there cannot be two pay scales of the cadre of Secretary and he is entitled for same pay scale and status which are being enjoyed by subsequent appointees of the post of Secretary. Representation submitted by the petitioner was decided by an order dated 23.8.1981 and the Government had refused to give higher pay scales of Rs.650-1300. Hence, the petitioner approached the Tribunal for declaration with regard to higher pay scale from 1974 and the scale of 650-1300 from 1975 when other Secretaries were appointed in the Department availing the same pay scales. The petitioner also prayed for the pay scale of Rs.1100-1900 from July, 1979. So far as the Gazetted status is concerned, the petitioner had prayed for extending benefit w.e.f. 1975. It is also stated by the petitioner before the Tribunal that one additional increment for every officer of Army services was provided vide Government of India's Circular dated 1.7.1972 and its benefit is to be extended to the released Emergency Commissioned Officers also.;