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[Cites 4, Cited by 0]

Central Administrative Tribunal - Ernakulam

M Sreedharan Nair vs M/O Personnel,Public Grievances And ... on 14 June, 2019

                                    .1.

             CENTRAL ADMINISTRATIVE TRIBUNAL
                    ERNAKULAM BENCH

                Original Applicaton No.180/00332/2016,
                Original Applicaton No.180/00051/2017
                                  &
                Original Applicaton No.180/00172/2017

                   Friday this the 14th day of June 2019

CORAM:

HON'BLE Mr.E.K.BHARAT BHUSHAN, ADMINISTRATIVE MEMBER
HON'BLE Mr.ASHISH KALIA, JUDICIAL MEMBER

Original Applicaton No.180/00332/2016
1.       A.K.Salim,
         S/o.Ahamed Kannu,
         Retired Deputy Conservator of Forest,
         Residing at 133 AKG Nagar,
         Peroorkada P.O., Trivandrum - 5.

2.       L.Krishnaprasad,
         S/o.Lekshmanan Pillai,
         Retired Deputy Conservator of Forests,
         Residing at Padma Vilas, VRA-70B,
         Vettamukku Thirumala P.O., Trivandrum - 6.          ...Applicants

                (By Advocate Mr.B.K.Gopalakrishnan)

                                versus

1.       Union of India
         represented by the Secretary to the Government,
         Ministry of Personnel & Public Grievance,
         Department of Personnel & Training,
         North Block, New Delhi - 110 001.

2.       Ministry of Environment & Forest,
         represented by its Secretary to the Government,
         North Block, New Delhi - 110 001.

3.       State of Kerala
         represented by the Chief Secretary to the Government,
         Government Secretariat, Trivandrum - 695 001.
                                    .2.

4.       The Accountant General (A&E),
         Office of the Accountant General,
         M.G.Road, Trivandrum, Kerala - 695 001.           ...Respondents

       (By Advocates Mr.K.C.Muraleedharan, ACGSC [R1-2]
                    & Mr.M.Rajeev, GP [R3-4])

Original Applicaton No.180/00051/2017
B.P.Varghese, IFS (Rtd.),
Brahmakulam House,
Gandhi Nagar Main Street,
Cheroor P.O., Thrissur - 680 008.                                ...Applicant

                 (By Advocate Mr.M.Rajendran Nair)

                                versus

1.       Union of India
         represented by the Secretary to the Government,
         Ministry of Personnel & Public Grievance,
         Department of Personnel & Training,
         North Block, New Delhi - 110 001.

2.       Ministry of Environment & Forest,
         represented by its Secretary to the Government,
         North Block, New Delhi - 110 001.

3.       State of Kerala
         represented by the Chief Secretary to the Government,
         Government Secretariat, Trivandrum - 695 001.

4.       The Accountant General (A&E),
         Office of the Accountant General,
         M.G.Road, Trivandrum, Kerala - 695 001.           ...Respondents

           (By Advocates Mr.N.Anilkumar, SCGSC [R1-2]
                    & Mr.M.Rajeev, GP [R3-4])

Original Applicaton No.180/00172/2017
M.Sreedharan Nair IFS (Rtd.),
D-7, Sivaji Saphaire Apartments,
Kowdiyar P.O., Thiruvananthapuram - 3.                           ...Applicant

                 (By Advocate Mr.M.Rajendran Nair)

                                versus
                                      .3.

1.        Union of India
          represented by the Secretary to the Government,
          Ministry of Personnel & Public Grievance,
          Department of Personnel & Training,
          North Block, New Delhi - 110 001.

2.        Ministry of Environment & Forest,
          represented by its Secretary to the Government,
          North Block, New Delhi - 110 001.

3.        State of Kerala
          represented by the Chief Secretary to the Government,
          Government Secretariat, Trivandrum - 695 001.

4.        The Accountant General (A&E),
          Office of the Accountant General,
          M.G.Road, Trivandrum, Kerala - 695 001.              ...Respondents

            (By Advocates Mr.N.Anilkumar, SCGSC [R1-2]
                     & Mr.M.Rajeev, GP [R3-4])

          This application having been heard on 6 th June 2019, this Tribunal
on 14th June 2019 delivered the following :

                                 ORDER

HON'BLE Mr.E.K.BHARAT BHUSHAN, ADMINISTRATIVE MEMBER As the issues involved in these cases are identical in nature, these cases are disposed of by this common order.

2. All the applicants in these O.As had retired on superannuation from Kerala Cadre of IFS to which they had been promoted from the State Forest Service. The grievance of the applicants is with respect to the wrong fixation of their initial pay in the IFS cadre on entry. Their pay after promotion to the IFS and implemention of 2006 Central Pay Revision was reduced to a lower pay scale by applying provisions of IFS (Pay) Rules, 1968 resulting in huge recurring and continuing financial loss to them.

.4.

3. The brief facts of O.A.No.180/332/2016 are : The applicants in this case were originally appointed as Range Officers and then appointed to the State Forest Service (SFS) on 5.1.1995 and 19.3.1996 respectively. The last basic pay drawn by the applicants in the pay scale of Rs.20700-500- 23200-550-25400-600-26600 of Deputy Conservator of Forests (Non- Cadre) in the SFS was Rs.27200/- and Rs.26000/- respectively. Thereafter they were appointed on promotion to the Indian Forest Service (IFS) on 1.6.2007 and 1.3.2008 respectively. However, their initial pay fixed in IFS (Senior Time Scale in PB-3 + GP Rs.6600/-) was fixed at Rs.24660/- and Rs.24890/-. The applicants have taken up the matter with different authorities but no positive reply has been obtained. Hence they were constrained to approach this Tribunal for redressal of their grievance. They have cited the instances of several of their juniors who were drawing higher initial pay in contrast to the lower initial pay and grade pay allowed to the applicants. As grounds they have relied on the Hon'ble Supreme Court judgments in Tarsem Singh v. State of Punjab (1994) 5 SCC 392 and Lalit Mohan Deb v. Union of India (1973) 3 SCC 862 which unequivocally held that promotion is an advancement in post and pay. The reliefs sought by the applicants in O.A.No.180/332/2016 are :

1. Declare that method of initial fixation of pay of the applicants by excluding the merged Dearness Allowance in the State pay of the applicants in 2004 and by limiting the pay to the maximum of Junior Administrative Grade is null and void.
2. Declare that the restriction in Paragraph 7 of the Schedule I of IFS (Pay) Rules, 2007 is not applicable in the case of the applicants who had been promoted to the SFS cadre from a lower cadre.

.5.

3. Declare that, if at all Paragraph 7 of the Schedule I of IFS (Pay) Rules, 2007 is applicable, the comparison with direct recruits be applied at all point of time, and the difference in meaning of the terms of 'pay' and 'basic pay' be taken into account, and in that case, direct to re-fix the pay of the applicants by restoring the amount reduced in the initial pay on account of this restrictive clause, without exceeding the basic pay of the direct recruits with whom they are equated, even after initial fixation.

4. Direct the 4th respondent to fix the pay of the applicants by using the pre-revised pay scales of 1996, only for the purpose of finding the next stage in it and to revise that pay-stage to the band pay structure of 2006 with reference to the fitment tables in Annexure A-16 Notification and to grant one increment as in Paragraph 1 of IFS (Pay) Rules, 2007 as amended in 2010.

5. Direct the respondents to pay all arrears of pay and other service benefits due to re-fixation of initial pay/pay with 12% interest and to refix the retirement benefits including the pension of the applicants in tune with the refixation.

6. Grant such other reliefs as this Hon'ble Tribunal may deem fit, just and proper in the facts and circumstances of the case.

4. The applicant in O.A.No.180/51/2017 started his service as Forest Range Officer and was promoted to the SFS in 1995. He was drawing a pay of Rs.26600/- in the pay scale of Rs.20700-26600/- applicable to the Deputy Conservator of Forests (Non-Cadre) in the SFS. He was then promoted and inducted into IFS and regularized in service with effect from 1.4.2006. On appointment to the IFS his initial pay was fixed at Rs.23720/- with Grade Pay of Rs.6600/- corresponding to the Senior Time Scale. The applicant herein also filed several representations pointing out that his juniors were drawing higher pay and that his pay may be stepped up to that of his junior. The applicant retired on superannuation on 31.3.2011. The reliefs sought by the applicant in O.A.No.180/51/2017 are :

.6.
1. Call for the records relating to the fixation of pay of the applicant as well as those of Sri.N.Sudhir, Sri.O.Jayarajan and Sri.L.Krishnaprasad and be appraised of the anomalies in pay fixation, and quash Annexure A-6 and Annexure A-8 order of the 4 th respondent and declare that the fixation as per Annexure A-3 by applying provisions of IFS (Pay) Rules, 1968 is illegal and against pay fixation rules.
2. Direct the respondents to protect the pay equivalent as per 1996 Central Pay scales derived by deducting the DA merger of 2004 State Pay Revision and fix the pay in the revised Central Pay Scale of 2006 in PB4 with Grade Pay of Selection Grade.
3. Direct the respondents to grant and disburse all arrears including interest @ 12% in respect of pay and other service benefits due to refixation of initial pay/pay and to refix the retirement benefits including the pension of the applicant in tune with the refixation.
4. Grant such other reliefs as this Hon'ble Tribunal may deem fit, just and proper in the facts and circumstances of the case.
5. The applicant in O.A.No.180/172/2017 started his service as Forest Range Officer (Direct Recruit) during 1974-76. He was promoted as Assistant Conservator of Forests in the SFS on 5.1.1995 and further granted grade promotion as Deputy Conservator of Forests (Non Cadre) on 1.5.2000. He was drawing a pay of Rs.27200/- in the pay scale of Rs.20700-26600/- applicable to the Deputy Conservator of Forests (Non Cadre) in the SFS. He was then promoted and appointed in IFS with effect from 28.5.2007. On appointment to the IFS cadre he was granted an initial pay of Rs.24600/- and a Grade Pay of Rs.6600/- in the Senior Time Scale.

He too has cited certain juniors of his who are drawing higher initial pay than him in various representations. The reliefs sought by the applicant in O.A.No.180/172/2017 are :

.7.
1. Call for the records relating to the fixation of pay of the applicant as well as those of Sri.N.Sudhir, Sri.O.Jayarajan, Sri.L.Krishnaprasad, Sri.N.Sethukumar, Sri.Joseph Thomas and Sri.A.R.Sasikumar and be appraised of the anomalies in pay fixation, and quash Annexure A-14 and Annexure A-17 documents of the 4 th respondent and order that the actual pay of Rs.18475 as per 1996 Central Pay Scales, corresponding to the last drawn SFS pay of the applicant, be protected and revised to the 2006 Central Pay Scales w.e.f 1.6.2007 and thereupon grant an increment for promotion and accordingly modified pay slip be issued to the applicant.
2. Direct the respondents to grant and disburse all arrears including interest @ 12% in respect of pay and other service benefits due to refixation of initial pay/pay and to refix the retirement benefits including the pension of the applicant in tune with the refixation.
3. Grant such other reliefs as this Hon'ble Tribunal may deem fit, just and proper in the facts and circumstances of the case.
6. Reply statement has been filed by 3rd and 4th respondent through which they have strenuously argued that as per the Schedule II of IFS (Pay) Rules, 1968 the pay of the promotee officer should be limited to that of a regular recruitee and as stipulated in Rule B(1) of IFS (Pay) Rules, no further benefits can be extended in the promotees cadre. It is also submitted that on the basis of the judgment of the Honble High Court of Kerala dated 18.3.2014 in WPC Nos.5791, 5888, 31298, 31299 of 2009 and connected cases, the period of retirement from SFS and date of appointment to IFS were treated as duty in IFS and the State Pay has been reckoned notionally for revising the pay and allowances in the cadre and consequential benefits thereafter. Further in respect to the anomaly of junior drawing more initial pay than the seniors, it is submitted that the applicants' pay has been stepped up to that of their junior, Shri.Joseph Thomas, IFS with effect from 5.2.2009 after satisfying the conditions laid down in DoPT letter dated 11.1.2002.

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7. In the additional reply statement it is submitted that the judgment of the Hon'ble Supreme Court in Union of India v. T.M.Somarajan & Ors. (Civil Appeal No.9041/2003) is for redressing an individual grievance and cannot be made applicable universally.

8. A rejoinder and additional rejoinder have also been filed in these cases reiterating the contentions raised in the O.As and submitting that Rule 8(i) under Schedule I of IFS (Pay) Rules, 1968 do not have any overriding effect over the judgment of the Hon'ble Supreme Court in T.M.Somarajan and therefore the respondents cannot reduce the actual pay as reckoned in 1996 pay scales and the applicants are entitled to corresponding revised pay as per 2006 pay scales.

9. We have heard Shri.B.K.Gopalakrishnan, learned counsel for the applicant in O.A.No.180/332/2016, Shri.M.Rajendran Nair, learned counsel for the applicant in O.A.No.180/51/2017 & O.A.No.180/172/2017, Shri.M.Rajeev, learned GP for Respondent Nos.3 & 4 in all these cases, Shri.N.Anilkumar, learned SCGSC for Respondent Nos.1 & 2 in O.A.No.180/51/2017 & O.A.No.180/172/2017 and Shri.K.C.Muraleedharan, learned ACGSC for Respondent Nos.1 & 2 in O.A.No.180/332/2016. We have also perused all the pleadings available on record, both oral and documentary.

.9.

10. The question that arises for consideration in these O.As is whether on promotion to the IFS, the pay of the applicants which they were drawing in their earlier State Pay is liable to be protected and whether the fixation in the promoted post should have been in the next higher stage by awarding an increment at 3% on the basic pay. All the applicants had long service from the year 1995-1996 onwards in the SFS and they were drawing the maximum in the scale for Deputy Conservator of Forests (Non Cadre). They came to be appointed to the IFS during the year 2007-2008 and hence the rules applicable in fixation of pay is the IFS (Pay) Rules, 2007. An identical issue has been considered by the Hon'ble Apex Court in Civil Appeal No.9041/2003 in the case of Union of India v. T.M.Somarajan & Ors. which has arisen out of the order of this Tribunal dated 22.2.2002 (2003) 2 SLJ 225 CAT. The direction issued by this Tribunal has been extracted in the judgment of the Hon'ble Apex Court which reads as under :

4. We declare that the applicant is entitled to have his initial pay fixed in the IPS Cadre on the basis of the pay drawn by him in the non-

IPS cadre as a confirmed Superintendent of Police as on 9.12.1995 without applying the restrictive definition of the expression higher scale occurring in definition Clause (iii) of Schedule II of the Indian Police Service (Pay) Rules, 1954. We further declare that in the applicant's case the context requires such interpretation of the meaning of expression 'higher scale of pay' that should not cause the anomalous situation of the applicant deriving less pay and allowance than his juniors some of whom were not even found fit to be promoted to the IPS along with and hence were considered for promotion on subsequent date or dates. We also declare that the anomaly in the applicant's initial pay fixation in the IPS is to be necessarily removed by applying theprovisions of Clause (6) of Schedule II of the Indian Police Service (Pay) Rules, 1954. The first respondent is directed to pass appropriate orders and ensure removal of the anomaly in the applicant's initial pay fixation in the IPS by applying the provisions of Clause (6) and fixing the applicant's initial pay in the IPS on the basis of his actual pay in the higher scale of Super Indent of Police (Non-IPS) as on the date of his promotion to the IPS.

.10.

11. The Hon'ble Apex Court in its penultimate paragraph in T.M.Somarajan has stated thus :

9. We have considered the order of the Tribunal in detail. We are in agreement with the Tribunal's well considered order as also of the High Court. In our opinion, after entering into the IPS cadre from the State Cadre Service, the pay of such an officer should not be reduced.

12. And as recently as in January, 2016 taking the case of IAS and IPS, this Tribunal in O.A.No.514/2013 and connected cases had also considered a similar issue and following the aforesaid judgment in T.M.Somarajan passed the following orders :

27. There can be no doubt that IPS (Pay) Rules 1954 as amended in 2007 and IAS (Pay) Rules, 1954 as amended in 2007 are identical. So much so, the principle laid down in Somarajan's case is equally applicable to officers promoted to IAS as well. In other words, the principle laid down in Somarajan case will apply in all the fours for fixation of pay of IAS personnel as well. It is not disputed that IAS (Pay) 2nd Amendment Rules 2008 was brought into force w.e.f. 1.1.2006. In Schedule I of the IAS (Pay) Rules which has been in force from 1.1.2006 the following paragraphs were substituted namely :
"(1) Notwithstanding anything contained in the first proviso to Sub Rule (1) of Rule 3 and the Notes thereunder, the initial pay of a promoted officer or an officer appointed by Selection, as the case may be, shall be fixed at the pay drawn by the officer in the Pay Band 3 or Pay Band 4 in the State Service in addition to one of the Grade Pays admissible for the three components, Senior Scale as per the eligibility of the officer in the following manner:
Pay in Pay Band Grade Pay Officers with pay upto Rs. 29490/- in pay band 3 Rs. 6600/-

Officers with pay between Rs. 29491 to Rs. 30690 in pay band 3 Rs. 7600/-


      Officers with pay Rs. 30691 or above in
      pay band 3 and pay band 4 Grade pay                         Rs. 8700/-
                                          .11.

In case the pay of officer in State Service has not been revised to the new pay structure with effect from the first January, 2006, the same shall be revised in terms of provisions contained in Rule 3A". Identical amendments were made in IPS/IFS (Pay) Rules 2007 as well as per gazette notification dated 27.9.2008, the learned counsel for applicants submits. It is also pointed out that by GSR 253(E) notification dated 15.4.2009, Schedule I of IAS (Pay) Rules, 2007 has been further amended w.e.f. 1.1.2006 substituting the following paragraph for paragraph I:

"(1)Notwithstanding anything contained in the first proviso to sub-rule (1), of rule 3, and the Notes thereunder, the initial pay of a promoted officer or an officer appointed by selection, as the case may be, shall be fixed in the pay. band 3 or pay band 4 by adding one increment equal to 3% of the sum of the pay in the pay band and the grade pay applicable which will be rounded off to the next multiple of 10. In addition, the grade pay of Senior Time Scale or Junior Administrative Grade or Selection Grade, corresponding to pay scale or grade pay in the State Service, shall be granted.

Provided that the grade pay attached to Selection Grade shall be granted with the pay in running pay band - 4 only." Identical amendment was made in the IPS (Pay) Rules 2007 by inserting similar provision by notification No.14021/3/2008-AIS)II) dated 3.3.2010 w.e.f. 1.1.2006. Therefore, IAS (Pay) Rules, 2007 as amended by Gazette Notification dated 15.4.2009 and IPS (Pay) Rules as amended by notification dated 3.3.2010 would leave no doubt that the pay of a promoted officer shall not in any case be fixed below the minimum of the Senior Time Scale. Since the amendments referred to above made the position clear, there can be no doubt that the principle laid down in Somarajan's case is equally applicable to all the officers of State Police Service promoted to Indian Police Service (IPS) and the non-State Civil Service officers promoted to Indian Administrative Service (IAS). The respondents shall accordingly fix the pay of the applicants taking note of the 2007 amendment and the subsequent amendments and government notifications referred to in the preceding paragraphs and the arrears be paid within three months from the date of receipt of a copy of this order.

28. Original Applications are allowed. No order as to costs.

13. In view of the settled position we are of the firm view that the principle laid down in T.M.Somarajan which was followed by this Tribunal in O.A.No.514/2013 is equally applicable to all the officers of State Forest Service promoted to the Indian Forest Service. The .12.

respondents shall accordingly protect the pay of the applicants corresponding to the last drawn SFS pay of the applicants on promotion to the IFS and refix the pay in the revised Central Pay Scales of 2006 in PB4 with Grade Pay of Selection Grade and the consequential benefits including arrears flowing therefrom shall be paid within a period of three months from the date of receipt of a copy of this order.

14. The Original Applications are allowed. No order as to costs.


                    (Dated this the 14th day of June 2019)




 ASHISH KALIA                                    E.K.BHARAT BHUSHAN
JUDICIAL MEMBER                                ADMINISTRATIVE MEMBER



asp
                                   .13.

List of Annexures in O.A.No.180/00332/2016

1. Annexure A-1 - A copy of the letter No.GE1/B/S-26-IFS/1427 dated 23.9.2014 sent to 1st applicant by the Accountant General (A&E), Kerala.

2. Annexure A-2 - A copy of the letter No.GE1/B/K5-IFS/1460 dated 26.9.2014 sent to 2nd applicant by the Accountant General (A&E), Kerala.

3. Annexure A-3 - A copy of the letter No.GE1/D/K5-IFS/3000 dated 5.3.2014 sent to 2nd applicant by the Accountant General (A&E), Kerala.

4. Annexure A-4 - A copy of the letter No.GE1/D/K5-IFS/834 dated 7.7.2015 sent to 2nd applicant by the Accountant General (A&E), Kerala.

5. Annexure A-5 - A copy of the letter No.69510/Spl.C1/2015/GAD dated 7.11.2015 sent to 1st applicant from Government of Kerala.

6. Annexure A-6 - A copy of the representation dated 30.3.2015 submitted by 2nd applicant to Government of India in MOEF.

7. Annexure A-7 - A copy of the forwarding letter dated 31.3.2015 of Annexure A-6 sent to 1st respondent, the Chief Secretary to Government of Kerala.

8. Annexure A-8 - A copy of the notification No.17013/22/2007-IFS-II dated 6.1.2009 of Government of India showing appointment by promotion in IFS.

9. Annexure A-9 - A copy of the document No.GE/BGI/B/S26/IFS 1499 dated 30.8.2011 issued by the Accountant General (A&E), Kerala showing initial pay in the IFS of the 1st applicant.

10. Annexure A-10 - A copy of the pay slip GE01/B/K-5/IFS/1508 dated 24.9.2015 issued by the Accountant General (A&E), Kerala showing initial pay in the IFS of the 2nd applicant.

11. Annexure A-11 - A copy of the pay slip No.GE18/B/F/S-5/14 dated 27.8.2009 issued by the Accountant General (A&E), Kerala showing last drawn pay in the SFS of the 1st applicant.

12. Annexure A-12 - A copy of the pay slip No.GE18/B/43 dated 3.7.2009 issued by the Accountant General (A&E), Kerala showing last drawn pay in the SFS of the 2nd applicant.

13. Annexure A-13 - A copy of the entitlement register pertaining to initial pay fixation of Sri.N.Sudhir, IFS by the Accountant General (A&E), Kerala.

.14.

14. Annexure A-14 - A copy of the pay slip showing initial pay of Sri.Joseph Thomas IFS by the Accountant General (A&E), Kerala.

15. Annexure A-15 - A copy of the pay slip showing initial pay of Sri.Satheesh Williams IFS by the Accountant General (A&E), Kerala.

16. Annexure A-16 - A copy of the Office Memorandum No.1/1/2008-IC dated 30.8.2008 including S21 and S24 fitment tables. List of Annexures in O.A.No.180/00051/2017

1. Annexure A-1 - A copy of the notification No.17013/23/2006-IFS-II dated 24.7.2007 of Government of India showing appointment by promotion in IFS.

2. Annexure A-2 - A copy of the pay slip issued by the Accountant General (A&E), Kerala showing last pay in the SFS of the applicant dated 4.8.2006.

3. Annexure A-3 - A copy of the pay slip issued by the Accountant General (A&E), Kerala showing initial pay in the IFS of the applicant dated 11.9.2015.

4. Annexure A-4 - A copy of the representation made to the Accountant General (A&E), Kerala on 2.1.2016 pointing out the anomaly in the pay with that of the juniors.

5. Annexure A-5 - A copy of the pay slip dated 24.1.2016 of A.G (A&E), Kerala showing that the applicant's pay has been stepped up to Rs.30690 + GP 7600 w.e.f 5.2.2009.

6. Annexure A-6 - A copy of the letter No.GE1/D/IFS/V-10/3255 dated 30.3.2016 of the A.G (A&E), Kerala.

7. Annexure A-7 - A copy of the letter dated 20.7.2016 submitted to Government of Kerala for protecting last drawn pay in the SFS.

8. Annexure A-8 - A copy of the Government letter dated 4.10.2016 reiterating the fixation of the Accountant General (A&E).

9. Annexure A-9 - A copy of the letter No.F.14021/5/2008-AIS-II dated 16.12.2008 of DoPT clarifying the method of fixation in the case of promoted officers.

10. Annexure A-10 - A copy of the Notification No.F.14021/5/2008-AIS- II dated 29.9.2008 containing instructions of fixation and relevant fitment table nos.S19, S21 and S24.

.15.

11. Annexure A-11 - A copy of the entitlement register in the o/o.the Accountant General (A&E), Kerala dated 16.12.2014 showing the initial pay fixation in the IFS of Sri.N.Sudhir.

12. Annexure A-12 - A copy of the letter No.20015/2015-AIS-II dated 7.4.2017 of 1st respondent.

13. Annexure A-13 - A copy of the letter No.GE1/D/IFS/V-10/359 dated 27.2.2018 of 4th respondent.

14. Annexure R-3A - A copy of the G.O.(Rt) No.2165/2015/GAD dated 23.3.2015.

15. Annexure R-3B - A copy of the G.O.(Rt) No.5853/2015/GAD dated 3.7.2015.

16. Annexure R-3C - A copy of the DoPT Letter No.11030/4/2011-AIS- II dated 11.1.2012.

17. Annexure R-3D - A copy of the statement of fixation of pay of Shri.B.P.Varghese in the IFS Cadre.

18. Annexure R-3E - A copy of the regulation of pay of Shri.B.P.Varghese as of a Regular Recruitee in terms of Rule 8(i) under Schedule II of IFS (Pay) Rules, 1968.

19. Annexure R-3F - A copy of the statement of fixation of pay of Sri.N.Sudhir in the IFS Cadre.

20. Annexure R-3G - A copy of the statement of fixation of pay of Sri.O.Jayarajan in the IFS Cadre.

21. Annexure R-3H - A copy of the statement of fixation of pay of Sri.L.Krishna Prasad in the IFS Cadre.

List of Annexures in O.A.No.180/00172/2017

1. Annexure A-1 - A copy of the Government of India Notification No.17013/23/2006-IFS-II dated 24.7.2007.

2. Annexure A-2 - A copy of the GO (Rt) No.8907/2007/GAD dated 1.9.2007.

3. Annexure A-3 - A copy of the order no. dated of the 3 rd respondent regularizing the intervening period from 1.6.2007 to 5.9.2007.

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4. Annexure A-4 - A copy of the pay slip No.GE18/B/F/S12/1613 dated 6.2.2007 showing last pay in the SFS.

5. Annexure A-5 - A copy of the pay slip no.GE01/B/S-24/IFS/1462 dated 21.9.2015.

6. Annexure A-6 - A copy of the Notification dated 3 rd March 2010 amendment to IFS (Pay) Rules, 2007.

7. Annexure A-7 - A copy of the Notification No.F 14021/5/2008-AIS- II dated 29.9.2008 containing instructions of fixation and relevant fitment table nos.S19, S21 and S24.

8. Annexure A-8 - A copy of the Notification F.No.17013/23/2006- IFS1 dated 5.4.2011 granting year of allotment.

9. Annexure A-9 - A copy of the Order GO(Rt) No.2226/2012/GAD dated 20.3.2012 granting JAG scale of Rs.15600-39100 plus GP 7600/-.

10. Annexure A-10 - A copy of the pay slip No.GE1/B/S-28/IFS-1769 dated 30.10.2014 issued to Sri.AR Sasikumar.

11. Annexure A-11 - A copy of the pay slip No.GE1/B/S-30/IFS-2514 dated 3.1.2014 issued to Sri.Sathish Williams.

12. Annexure A-12 - A copy of the pay slip No.GE1/B/S-24/IFS-2355 dated 21.12.2015 issued to the applicant.

13. Annexure A-13 - A copy of the representation dated 30.6.2016 of the applicant to 4th respondent.

14. Annexure A-14 - A copy of the letter No.GE01/D/IFS/S24/939 dated 19.7.2016.

15. Annexure A-15 - A copy of the pay slip No.GE1/B/J-12/IFS-2482 dated 12.1.2016 issued to Sri.O.Jayarajan.

16. Annexure A-16 - A copy of the representation dated 20.1.2017 of the 4th respondent.

17. Annexure A-17 - A copy of the letter No.GE01/D/IFS/S24/2868 dated 31.1.2017.

18. Annexure A-18 - A copy of the pay slip No.GE1/B/K-5/IFS-1823 dated 7.10.2016 issued to Sri.L.Krishnaprasad.

.17.

19. Annexure A-19 - A copy of the Notification rd No.GO(Rt)226/2009/F&WLD dated 11.5.2009 of the 3 respondent.

20. Annexure A-20 - A copy of the seniority list of SFS ACF pages 25 & 26 in GO(Rt) No.74/2009/F&WLD dated 13.2.2009.

21. Annexure A-21 - A copy of the GE1/B/S-26-IFS/3631 dated 12.4.2012 of the 4th respondent addressed to Sri.A.K.Salim.

22. Annexure A-22 - A copy of the entitlement register of Sri.N.Sudhir dated 16.12.2014.

23. Annexure A-23 - A copy of the relevant pages of Notification No.GSR 691 dated 27.9.2008 of 1st respondent.

24. Annexure A-24 - A copy of the judgment of Hon'ble Supreme Court in C.A.No.9041 of 2003 Union of India v. T.M.Somarajan & Others.

25. Annexure A-25 - A copy of the letter No.GE1/D/IFS/S-26/348 dated 30.5.2017 of 4th respondent.

26. Annexure A-26 - A copy of the Letter No.20015/2/2015-AIS-II dated 7.4.2017 of 1st respondent.

27. Annexure A-27 - A copy of the Letter No.GEI/D/IFS/S-24/1195 dated 16.1.2018 of the 4th respondent.

28. Annexure R-3A - A copy of the GO(Rt) No.2165/2015/GD dated 25.3.2015.

29. Annexure R-3B - A copy of the GO(Rt) No.5853/2015/GAD dated 31.7.2015.

30. Annexure R-3C - A copy of the Letter No.11030/4/2011-AIS.II dated 11.1.2012.

31. Annexure R-3D - A copy of the statement of fixation of pay of Shri.M.Sreedharan Nair in the IFS Cadre.

32. Annexure R-3E - A copy of the Appendix I - Regulation of payof Shri.M.Sreedharan Nair as of a Regular Recruitee.

33. Annexure R-3F - A copy of the statement of fixation of pay of Shri.N.Sudhir in the IFS Cadre.

.18.

34. Annexure R-3G - A copy of the statement of fixation of pay of Shri.O.Jayarajan in the IFS Cadre.

35. Annexure R-3H - A copy of the statement of fixation of pay of Shri.L.Krishna Prasad in the IFS Cadre.

36. Annexure R-3I - A copy of the statement of fixation of pay of Shri.N.Sethukumar in the IFS Cadre.

37. Annexure R-3J - A copy of the statement of fixation of pay of Shri.Joseph Thomas in the IFS Cadre.

38. Annexure R-3K - A copy of the statement of fixation of pay of Shri.A.R.Sasikumar in the IFS Cadre.

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