GULSHAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dated November 28, 2013 passed by the Deputy Inspector General of Police, CRPF illegally and erroneously re-fixing the pay of the petitioner to his detriment; as well as the action of the respondents in seeking to recover amounts from his salary pursuant to the pay refixed vide the aforesaid order.

(2.) The relevant facts are that pursuant to the recruitment drive held in the year 2003, the petitioner joined the CRPF in the rank of Head Constable (Min.) on August 08, 2003 and upon joining the force, the petitioner was given a pay scale of Rs. 3200-85-4900 and accordingly the basic pay of the petitioner upon joining the force was fixed at Rs. 3200/-. Pursuant to the annual increments earned, the petitioner as on August 01, 2005 was drawing the basic pay in the sum of Rs. 3370/- per month. However, pursuant to the recommendations of the 6th Central Pay Commission notified vide Gazette Notification No. F.1/1/2008-IC dated July 21, 2009, Pay Band-I in the pay scale S-6 of Rs. 3200-85-4900 (i.e. petitioner's pay scale) was revised to Rs. 5200-20200 with Grade Pay of Rs. 2000/-. Resultantly, the pay in the post pertaining to the petitioner, that is, the post of Head Constable in CPMFs was revised to Rs.4000-6000/- with Grade Pay of Rs. 2400/-. The afore-mentioned revised pay structure is set out in Part 'C' of the First Schedule of the CCS (Revised Pay) Rules, 2008.

(3.) The pay of the petitioner was accordingly re-fixed by the concerned Group Centre and audited by IAP-III as Rs. 7510/- with Grade Pay of Rs. 2400/- thereby amounting to a sum of Rs. 9910/- (total Rs.7510+2400/-) with effect from January 01, 2006. Consequent to re-fixing of the pay and further in consequence to the increments earned by the petitioner and the promotion of the petitioner to the rank of ASI (Min.), on July 01, 2009, the pay of the petitioner was fixed at Rs. 13,410 (Rs. 10610 + 2800) with effect from July 01, 2013.