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The petitioner-Nabi Ahmed impugns the order dated 30th September, 2014 passed by the Principal Bench of the Central Administrative Tribunal (Tribunal, for short) whereby OA No. 3601/2012 filed by the petitioner has been dismissed. The petitioner had filed the said OA praying for grant of replacement pay scale of Rs.5000-8000 as he was in the pay scale of Rs.1350-2200 prior to implementation of the Fifth Pay Commission.

2. The petitioner had joined the Central Reserve Police Force (CRPF) as a Radiographer in 1979, which was a non-combatised post. By the order dated 19th September, 1989, Group C and D posts in Central Reserve Police Force Hospital were combatised. The petitioner, however, along with six others of the Central Reserve Police Force Hospital Service, exercised his option to remain non-combatised.

6. It is an accepted position that the petitioner does not have two years diploma/certificate after 10+2/higher secondary. He has undertaken a five months diploma/certificate course.

7. The respondents have submitted that the heading XXI relates to combatised posts. Assistant Sub-Inspectors (Radiographer) were granted the pay scale of Rs.4000-7000, and Sub-Inspectors (Radiographer) were given fitment pay scale of Rs. 5000-8000.

8. The respondents have submitted that the petitioner an Assistant Sub-

"Assistant Sub-Inspector (Radiographer) The Non-combatised personnel already working in the post shall be designated as Radiographer and will draw their pay in the scale of pay of Rs.1350-2200."

The contention of the petitioner was that Assistant Sub-Inspector (Radiographer) in the pay scale of Rs.1350-2200 should be treated similar as Radiographer (a), who were in the pay scale of Rs.1350-2200 and were given the replacement pay scale of Rs.5000-8000 vide Central Civil Service (Revised Pay) Rules, 1997.

13. With regard to the Recruitment Rules of 1995, it is submitted that the petitioner was granted pay scale of Rs.1350-2200, but was never promoted as Sub-Inspector. He would, therefore, not be entitled to the pay scale applicable to the post of Sub-Inspector in the combatised post and the fitment scale applicable to the promotional post of Sub-Inspector (Radiographer).

14. In view of the aforesaid explanation and clarification, we agree with the respondent that the petitioner would not be entitled to the pay scale applicable to Sub-Inspector (Radiographer) (a) of Rs.5000-8000 even when he was earlier drawing pay as Assistant Sub-Inspector in the scale of Rs.1350-2200. The pay scale of Sub-Inspector (Radiographer) or Assistant Sub-Inspector (Radiographer) in the combatised force is different and distinct, and cannot be equated with the post of Assistant Sub-Inspector (Radiographer) in a non-combatised post. The question of equation ex facie does not arise and accordingly the plea of fitment or replacement pay scale in Rs.5000-8000 would fail.