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The Applicant had earlier, on 18.10.2023, submitted a representation to the competent authorities, since his one batch junior officer of 1990 batch of IPS was appointed as DGP (HoPF), Bihar. He was seeking grant of the Apex Scale, enclosing copies of communications from other States such as West Bengal, Sikkim, and Manipur where similarly placed DGPs were allowed the Apex Scale.

After his junior officer Shri Vinay Kumar, 1991 IPS batch, was appointed as DGP, Bihar, vide State Govt. of Bihar order dated SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cc e81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 LAL ade9e38d5aed96, CN=SONALI LAL Reason: I attest to the accuracy and integrity of this document Location:

The Applicant again represented his case on 24.01.2025, referring to examples of other states and pointing out that his junior, Shri Vinay Kumar (IPS-1991), is drawing the Apex Scale of Level-17. Despite repeated representations, no decision has been taken by the State Government. Aggrieved by such non-consideration of his genuine claim for the Apex Scale, the Applicant has been compelled to approach this Tribunal for redressal of his grievance.

3. Learned Counsel for the Applicant submits that the Ministry of Personnel, Public Grievances and Pensions, Government of India, issued a Notification dated 23.09.2016, called the Indian Police Service (Pay) Rules, 2016, wherein Schedule-III prescribes the pay scales for various levels, including the Apex Scale of ₹2,25,000/- (Level-17). Further, at Page 90 of the said Notification, the State of Bihar has been shown, and at Serial No. 1, Level-17 is mentioned against the post of DGP (HoPF), Bihar. In view of such provisions contained in Para 2 and Schedule-III of the aforesaid Notification, the Applicant is entitled to the Apex Scale of ₹2,25,000/- (Level-17), which is applicable to the post of DGP (HoPF), Bihar.

3.2 Learned Counsel for the Applicant further submits that subsequent to relinquishing the charge of DGP (HoPF), Bihar on 18.12.2024, the Applicant was entrusted with the additional charge of Chairman, BSSC vide State Govt. of Bihar order dated 18.12.2024. Accordingly, he assumed the charge on 19.12.2024 and has since been discharging his duties as DGP-cum-Chairman and Managing Director, Bihar Police Building Construction Corporation as well as Chairman, BSSC. 3.3 Learned Counsel for the Applicant submits that the Applicant again submitted a representation on 24.01.2025, reiterating the examples of other States in granting the Apex Scale and specifically pointing out that the present DGP, Shri Vinay Kumar, IPS (1991 Batch), who is two batches junior to him, is receiving the Apex Scale of Level-17. However, till date, neither the Applicant has been granted the Apex Scale nor have his representations been considered.
Date: 2025.11.11 11:07:46+05'30' Foxit PDF Reader Version: 2025.2.0 rules; that no government servant can claim a pay scale dehors the rules; and that fixation of pay is an executive policy matter, not open to judicial direction unless specifically provided by statute. 4.7 It is further contended by him that the Ministry of Home Affairs, vide its letter dated 02.12.2022, clarified that protection of Pay Level-17 is admissible only to IPS officers who have already been granted the Apex Pay Scale while on Central deputation. As the Applicant has never been granted Pay Level-17, the question of such protection or equivalence does not arise. The State Government, in due compliance, referred the matter to the Ministry of Home Affairs through their letter dated 21.05.2025, followed by a reminder dated 04.08.2025. The matter thus remains under consideration of the competent authority, as also noted by this Tribunal in its earlier order. The Ministry of Home Affairs, after examining the issue, issued a detailed clarification vide letter dated 19.09.2025 with reference to the State Government's communication dated 04.08.2025. It was categorically stated that: