S.C.Mital, J. - (1.) Shri V. P. Gautam was a member of the Indian Administrative Service, borne on the Punjab cadre. Some time in Aug. or Sept. 1963, while working at Chandigarh under the Punjab Government, he was passed over and not promoted officiate in the Selection Grade of the I.A S. In Dec. 1963, he submitted a memorial to the President of India. Before that on 20th of Nov., 1963, he was appointed Commissioner for Departmental Enquiries, first in the Ministry of Home Affairs, New Delhi, and then in the Vigilance Commission, New Delhi. While holding the said office, he on 30th Dec., 1966, went on leave preparatory to retirement for 120 days. On attaining the age of 58 years, he retired on 29th April, 1967.
(2.) During the pendency of the memorial to the President submitted in 1963. by Shri V. P. Gautam, the Punjab Government by its order dated 23rd Sept., 1966, promoted him to officiate in the Selection Grade of I.A.S. with effect from 13th Aug., 1962, but directed that the order was to take effect from the date of issue (23-9-1966), while the intervening Period was to count towards increment in the Selection Grade of I.A.S.. but no arrears were to be paid. In Oct. 1966, Shri V. P. Gautam submitted memorial against the said order of the Punjab Government to the President of India, denying him the arrears in the Selection Grade. Then reorganisation of the State of Punjab took place. Shri V. P. Gautam remained on the Punjab cadre till 31st Oct., 1966. Subsequently, he was allocated to the State of Haryana. At the time of his retirement, he was on the Haryana cadre.
(3.) In April, 1971, memorial of Shri V. P Gautam was accepted by the President of India and he was allowed the arrears of Selection Grade from 13th Aug., 1962. He received payments from the Accountant Generals concerned but he has averred in his present petition that he was illegally deprived of the full amount due to him Under the I. A S Pay Rules of 1954, the Selection Grade at the relevant time was Rs. 1,800-100-2,000. Apart from the Selection Grade pay, he was entitled to a special pay of Rs. 300 p m which he did not receive in full during the period 20th Nov., 1963 to 29th April, 1967. Feeling dissatisfied, he first made enquiries from the Accountant General, Central Revenue, New Delhi, and demanded salary break-up. As no reply was received, he represented to the Government of India in Nov., 1971. The representation was rejected in March, 1972 by the Department of Personnel, Cabinet Secretariat, Government of India, New Delhi. The ground advanced was that memo No 1/159/63-IAS (II). dated 6-11-1963 of the Ministry of Home Affairs, Government of India, New Delhi, had fixed a ceiling of Rs. 2,000. On the 25th of the following month, he submitted his memorial to the President of India. During the pendency thereof, on 30th Oct., 1972, he further passed his claim by giving additional reasons. This memorial too was rejected by the President on 1st Nov., 1973. On 18th Dec., 1973, he filed the present writ petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction for quashing the said order of the President of India and the earlier rejection of his representation.;