Madras High Court
Jayan P. Samuel vs The Union Of India on 17 October, 2019
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.21636 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :17.10.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.21636 of 2019
and W.M.P.No.20859 of 2019
Jayan P. Samuel ..Petitioner
vs
1.The Union of India
Represented by the Secretary
to Ministry of Home Affairs
North Block Secretariat
New Delhi.
2.The Director General
CRPF, CGO complex
Lodhi road, New Delhi-110 003.
3.The Special Director General of Police
South zone, CRPF
Chandrankutta
Hyderabad – 500 005.
4. The Inspector General of Police
Southern Sector CRPF
Road No.10C, Jubilee Hills
Near MLA/MPs colony
Gayathri hills
Hyderabad-500 033.
5.The Deputy Director (Accounts)
Office of Director (Accounts)
Pay and Accounts Office (CRPF)
Ministry of Home Affairs
Mahavir Nagar, New Delhi-110 018.
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http://www.judis.nic.in
W.P.No.21636 of 2019
6.The Deputy Inspector General of Police
Range Hqr.
GC CRPF, Avadi
Chennai-600 065. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus calling for the
records pertaining to the letter dated 30.10.2015 of 5 th respondent in
proceedings No.IRLA-5961/15 - 16 – GO. Section and subsequent
letter dated 13.02.2019 of the 2nd respondent in proceedings
No.P.I.1/2019-Pers-DA-2 rejecting the petitioner's request to revise his
pay and quash the same directing the respondents to revise his pay
based on his option certificate given on 16.01.2019 in accordance with
the instructions given in Ministry of Finance, GOI OM
No.F.No.7/14/2010-E.III(A) dated 05.07.2010 and also revise all his
subsequent pay fixation at par with his batch mates/juniors and grant
arrears thereon.
For Petitioner : Ms.Meenakshi R.
For Respondents : Ms.Sunitha Kumari
Senior Panel Counsel
ORDER
Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the letter dated 30.10.2015 of 5th respondent in proceedings No.IRLA-5961/15 - 16 – 2/8 http://www.judis.nic.in W.P.No.21636 of 2019 GO. Section and subsequent letter dated 13.02.2019 of the 2nd respondent in proceedings No.P.I.1/2019-Pers-DA-2 rejecting the petitioner's request to revise his pay and quash the same directing the respondents to revise his pay based on his option certificate given on 16.01.2019 in accordance with the instructions given in Ministry of Finance, GOI OM No.F.No.7/14/2010-E.III(A) dated 05.07.2010 and also revise all his subsequent pay fixation at par with his batch mates/juniors and grant arrears thereon.
2. Heard the learned counsel appearing for the petitioner as well as the learned Senior Panel Counsel appearing for the respondents.
3. The case of the petitioner is that he is presently working as Second-in-Command in the office of the Deputy Inspector General of Police, Range Headquarters, Group centre, CRPF, Avadi, Chennai. The petitioner joined Central Reserve Police Force with a qualification of M.sc.(Physics) B.Ed., in the rank of Sub-Inspector (General Duty) on 23.05.1998 on direct recruitment of sub-ordinate officers. During the year 2003, the petitioner was selected through Limited Departmental Competitive Examination for the post of Assistant Commandant and he was appointed in the same rank in the year 2003. Subsequently, he 3/8 http://www.judis.nic.in W.P.No.21636 of 2019 was promoted as Deputy Commandant and promoted to the rank of Second-in-Command in the year 2016. During his service, he has been posted in units/establishment of CRPF located at various places in our country and undergone many in service courses and got medals.
4.It is the further case of the petitioner is that he is the member of CRPF and governed by the CCS (Revised Pay Rules), 2008. Pursuant to the recommendations of the 6th Central Pay Commission (CPC), a revised pay structure was proposed. Under Rule 11 of the CCS (Revised Pay Rules) where a Government servant opted to continue to draw his pay in the existing scale with effect from 1 st January, 2006 and switch over to the revised scale from a date later than 1st January, 2006, his pay from the later date in the revised scale was required to be fixed in terms of Rule 11(i). The option for new fixation of pay was required to be exercised within a period of three months from the date of issue of the memorandum/orders as per Rule 6(1) of the CCS (Revised Pay Rules) 2008. Further, Rule 6(4) provided that the option so exercised shall be final. However, various representations were made that the Government servants may be permitted to revise the first option exercised by them in view of the new system of pay band and grade pays. However, in the present case, deputation of the 4/8 http://www.judis.nic.in W.P.No.21636 of 2019 petitioner from NDRF (National Disaster Response Force) was not considered. Therefore, option certificate for revised pay scale was not submitted by the petitioner in time, for which benefit was not given to the petitioner. Hence, this writ petition.
5. Learned counsel appearing for the petitioner submitted that in a similar case in Shri. Vinod Rawat and others vs. Union of India in W.P.No.6044 of 2016, the Delhi High Court held in favour of the similarly situated persons and in order to avail such benefit, he has filed the present writ petition. He further submitted that the petitioner has submitted the option certificate along with a representation to the 2nd respondent on 16.01.2019 for revision of his pay. However, it would suffice, if this Court issues direction to the respondents to reconsider the petitioner's representation and pass appropriate orders within the reasonable time.
6. Learned Senior Panel Counsel appearing for the respondents submitted that last date for exercising the option for fixation of pay was fixed on 31.12.2010. However, the respondents agreed to consider the request made by the learned counsel appearing for the petitioner.
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7. Considering the facts and circumstances of the case as well as the submissions made on either side, this Court hereby directs the respondents to reconsider the petitioner's representation dated 16.01.2019 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
8. The writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
17.10.2019
Index : Yes/No
kj
To
1.The Union of India
Represented by the Secretary
to Ministry of Home Affairs
North Block Secretariat
New Delhi.
2.The Director General
CRPF, CGO complex
Lodhi road, New Delhi-110 003.
3.The Special Director General of Police South zone, CRPF Chandrankutta Hyderabad – 500 005.
6/8 http://www.judis.nic.in W.P.No.21636 of 2019
4. The Inspector General of Police Southern Sector CRPF Road No.10C, Jubilee Hills Near MLA/MPs colony Gayathri hills Hyderabad-500 033.
5.The Deputy Director (Accounts) Office of Director (Accounts) Pay and Accounts Office (CRPF) Ministry of Home Affairs Mahavir Nagar, New Delhi-110 018.
6.The Deputy Inspector General of Police Range Hqr.
GC CRPF, Avadi Chennai-600 065.
7/8 http://www.judis.nic.in W.P.No.21636 of 2019 M.DHANDAPANI,J.
Kj W.P.No.21636 of 2019 and W.M.P.No.20859 of 2019 17.10.2019 8/8 http://www.judis.nic.in