DEBASISH KAR GUPTA, J. - (1.) Let affidavit-of-service be kept on record.
(2.) This writ application is directed against an order dated June 9, 1998 passed by the Chief Security Commissioner, Railway Protection Force, Eastern Railway, as also the decision of the Railway Board as circulated under Memo No. 86/Sec/ABE/PA6/2/Pt. dated May 25, 1987. By virtue of the impugned order dated June 9, 1998, the Chief Security Commissioner directed all the Divisional Security Commissioners of Railway Protection Force, Eastern Railway to implement the recommendations of the Fourth Pay Commission by granting two advance increments to the constables enjoying pay scale of Rs. 825-1200. The above order was passed in the light of the decision of the Railway Board as communicated under the impugned communication dated May 25, 1987.
(3.) Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, I find that admittedly the scale of pay of the petitioner in respect of his appointment in the post of constable, Railway Protection Force was enhanced to Rs. 960/- with effect from January 1, 1986. It is also not in dispute that two advance increments were granted to him. But subsequently the Railway Board communicated their decision prescribing a mode of granting two incremental benefits to the constables working under the Railway Protection Force explaining the recommendations of Fourth Pay Commission. It was said that the constables enjoying initial scale of pay of Rs. 825/- and Rs. 840/- would get the two increments and one increment respectively. But those who were enjoying the scale of pay of Rs. 855/- after revision would not be entitled to get those two increments. The Chief Security Commissioner, Railway Protection Force, directed all concerned to act upon the above decision of the Railway Board in the matter of granting two advance increments to the constables. Since the petitioner was not entitled to get two advance increments he filed this writ application.;