B.MUKHOPADHYAY, J. - (1.) There are four applicants in this case - three individuals, viz., Shri Syama Pada Siddhanta, Shri Ashok Kumar Sarkar, Shri G. K. Sarkar and the fourth applicant, Central Excise Executive Officers' Association; Calcutta. The grievance agitated in this application, however, relates to only applicant Nos. 1 to 3.
(2.) Applicant Nos. 1 to 3 are working as Inspector of Central Excise under the Collector of Central Excise, Calcutta. The Payscale of the Inspector, Central Excise was revised from the scale of Rs. 425 -800 to Rs. 500 -900 with effect from 1.1.1980 by an Order, dated August 27, 1987. This Order is at Annexure -A to the application. The three applicants in the Lower Scale of Rs. 425 -800 were on 1.1.1980 drawing pay less than Rs. 500, i.e., less than the minimum of the Higher Scale of Rs. 500 -900. In the Higher Scale their pay was, therefore, fixed at the minimum of the scale, i.e., at Rs. 500. About this the applicants have no grievance. But it was also ordered that their next increment will be due not on their normal dates of increment in the Lower Scale, but after completion of 12 months of service in the Higher Scale, i.e., on 1.1.81. This is the Order which is under challenge.
(3.) The Order granting the Higher Payscale lays down that the pay in the revised scale should be fixed by applying the provision of F.R. 23 read with audit instruction No. 1 below F.R. 22. F.R. 23 is extracted below: F.R. 23: The holder of a post, the pay of which is changed, shall be treated as if he were transferred to a new post on the new pay provided that he may at his option retain his old pay until the date on which he has earned his next or any subsequent increment on the old scale, or until he vacates his post or ceases to draw pay on that time scale. The option once exercised is final.;