- (1.) THIS intra Court appeal has been filed by the Union of India and its officers against the judgment and order of the Hon'ble Single Judge dated 14th February, 2006 passed in Writ Petition No. 45275 of 2002.
(2.) BY means of the judgment and order under appeal, the Hon'ble Single Judge has been pleased to allow the writ petition as filed by the writ petitioner-respondent by providing that he is entitled to the revised pay scale of Rs. 6500-10,500/- with effect from 1st January, 1996. The appellant-respondents have further been directed to effect the revision accordingly within two months from the date of submission of a certified copy of the order. It is against this order of the Hon'ble Single Judge that the Union of India has approached this Court by means of the said intra Court appeal. On behalf of the appellants, Sri Radha Mohan Pandey, Central Government Counsel, contends that the Hon'ble Single Judge has misread the provisions of the Government order dated 10th October, 1997, which categorically provides that the rationalisation of the pre-existing pay scales applicable to the post of Inspector as also the replacement thereof by the new pay scales would take effect from the date of issuance of the Government order only, i. e. , 10th October, 1997. Clause-5 of the said Government order further clarified that for the period 1st January, 1996 to the date of issuance of the Government order, i. e. ; 10th October, 1997, the revision in the pay scale shall be in accordance with the provisions of the Central Civil Services (Revised pay), Rule 1997 Counsel for the appellants clarifies that under the 1997 Rules the pay scale as was admissible to the post of Inspector in Central Reserve Police Force prior to its rationalisation, i. e. , 1640-2900/- has been revised to Rs. 5500-9000/- only and such revision, in fact, had been effected in favour of the petitioner and there was no challenge to the said revision at any point of time. Reference has also been made to paragraph 6 of the supplementary counter affidavit filed on behalf of the Union of India in the writ petition, which categorically records that prior to 1st January, 1996 the pay scale admissible to the post of Inspector in Central Reserve Police Force was Rs. 1640- 2900/ -. It is submitted that the Hon'ble Single Judge has wrongly held that writ petitioner is entitled to the revised/replacement pay scale of Rs. 6500-10500/- in terms of the Government order dated 10th October, 1997, as provided to the post of Inspectors subsequent to rationalisation of the pre-revised pay scale of Rs. 1640-2900 to Rs. 2000-3200/ -.
(3.) FACED with the aforesaid contentions learned Counsel for the writ petitioner, Sri R. K. Ojha, in reply, submits before us that in view of the rationalisation of the pre-revised pay scales, the Inspectors have been provided the scale of Rs. 2000-3200/ -. Such pay scale has necessarily to be paid to the writ petitioner also with effect from 1st January, 1996. On that basis it is claimed that in accordance with the provisions of 1997 Rules, the corresponding revised pay scale, i. e. , Rs. 6500-10500-becomes applicable to the post of Inspector in Central Reserve Police Force from 1. 1. 1996. Therefore, he submits that the judgment and order of the Hon'ble Single Judge is in accordance with law and does not suffer from any infirmity. We have considered the submissions so raised by learned Counsel for the parties and have gone through the record.;