Original Application No. 751 of 2007. Case: 1. K. I. Mohammed Koya, Police Constable No. 346, Kavaratti Police Station, Union Territory of Lakshadweep, 2. N. Pookunhi Koya, Police Constable No. 347, Kavaratti Police Station, Union Territory of Lakshadweep, 3. E. Syed Poo, Police Constable No. 343, Kavaratti Police Station, Union Territory of Lakshadweep, 4. P. I. Kunhi Koya, Police Constable No. 289, Kavaratti Police Station, Union Territory of Lakshadweep, 5. A. Pathummabi, Police Constable No. 367, Kavaratti Police Station, Union Territory of Lakshadweep Vs 1. Union of India, Secretary, Government of India, Ministry of Home Affairs, New Delhi, 2. Administrator, Union Territory of Lakshadweep, 3. Superintendent of Police, Union Territory of Lakshadweep. Central Administrative Tribunal
| Case Number | Original Application No. 751 of 2007 |
| Counsel | N. Nagaresh, P. S. Biju, S. Radhakrishnan |
| Judges | Dr. K. B. S. Rajan (Judicial Member) & K. Noorjehan (Administrative Member) |
| Issue | Constitution of India, 1950 - Articles 14, 16 |
| Judgement Date | July 15, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
Dr. K. B. S. Rajan (Judicial Member), (At Ernakulam Bench)
1. The applicants who are functioning as Constables have been insisting that pay parity should be maintained in respect of pay scales of Constables posted in the Union Territory of Lakshadweep Islands at par with their counterparts in other Union Territories.
2. A brief history of the facts of the case are as under:
A) The five applicants to the OA have joined the respondents services sometimes during the period 1987-1989. The post they hold is a Group-C Non-gazetted ministerial cadre of General Central Services. Apart from the physical standard, the required qualification for holding the post is SSLC. Promotion to the next higher grade of Head Constable is by way of selection from among the Police Constables who have completed 5 years of service, passed station rider test and Head Constables test conducted by the Lakshadweep Police department from time to time. According to the applicants they are deployed for shipping duties which are high risk involved especially during monsoon season the condition of sea is very rough. Apart from that, they are to perform the traffic duties as well.
B) The pay scale of Police Constables as per the 3rd Pay Commission's recommendation was Rs. 210-270/-. This was enhanced to Rs. 825-1200/-as per the 4th Pay Commission's recommendation (Annexure A-1 order dated 22.9.1986 refers). In other Union Territories as per 4th Pay Commission's recommendation Constables with SSLC qualifications were given the pay scale of Rs. 950-1400/ and lower qualifications were provided pay scale of Rs. 825-1200/-. The Union Territory of Lakshadweeep fixed the pay of the Constables in the lower pay scale of Rs. 825-1200/-. The said resulted in some of the Constables moving this Tribunal in OA No. 1489 of 1995 which was decided on 10.9.1997 declaring that the Police Constables of Lakshadweeep were entitled to the higher pay scale of Rs. 950-1400/-, Annexure A-2 order dated 10th September, 1997 refers. Paragraphs 6 & 7 thereof are quoted as under:
"6. We accordingly direct the 2nd respondent to place the Police Constables of Lakshadweep Administration in the scale of pay of Rs. 950-1400 which is the scale for the matriculate Constables in Delhi Administration. We make it clear that this benefit will not be confined only to the applicants before us but would be available to all the Police Constables in Lakshadweeep Administration. The pay of the Police Constables in Lakshadweeep Administration will be fixed in the scale of pay of Rs. 950-1400 with effect from 1.1.1986. As regards arrears consequent on such fixation, the Supreme Court has held in State of Haryana & Others Vs. Rai Chand Jain & Others, (1997) 5 SCC 167, that:
"It is for the Government to decide as a part of the executive policy the date from which arrears would be granted to the employees.
We accordingly direct the 2nd respondent to pass appropriate orders regarding the payment of arrears to the Police Constables consequent on the implementation of the direction given above regarding their fixation in the scale of pay of Rs. 950-1400/-.
7. The application is disposed of as aforesaid. No costs."
C) The respondents took up the matter with Hon'ble High Court of Kerala in OP No. 9338 of 1998 against the aforesaid order but the Hon'ble High Court of Kerala disposed of the same vide order dated 27.1.2000 stating that it would be appropriate to the Government also who considers the case of the respondents' employees about their eligibility and a proper scale of pay. Annexure A-3 refers.
D) With the acceptance of the 5th Pay Commission recommendations the pay scales of Constables were to be revised and in so far as Constables of Union Territories are concerned the scale of pay has been revised as given in the table contained in Annexure A-4 order dated 10.10.1997 which is as under:
S. No. Rank structure Rationalised Replacement pre-revised pay scales pay scales
1. Constables/Security Assistant Rs. 950-1400 Rs. 3050-70-4590
2. Head Constables Rs. 975-1660 Rs. 3200-85-4900
3. Asst. Sub Inspector Rs. 1320-2040 Rs. 4000-100-6000
4. Sub-Inspector/ACIO-II Rs. 1640-2900 Rs. 5500-175-9000
5. Inspector/ACIO-I Rs. 2000-3200 Rs.6500-200-10500
6. Subedar Major Rs. 2000-3500 Rs.6500-200-10500
Accordingly in so far as Delhi Police is concerned it has passed an order to the effect that the pay of Constables shall be fixed in the scale of pay of Rs. 3050-4590/-with effect from 1.1.1996 vide Annexure A-5.
E) A like order was passed in respect of Union Territory of Pondicherry vide order dated 4th October, 1999 at Annexure A-6. In so far as Lakshadweeep Administration is concerned, the Ministry of Home Affairs had referred to the judgment of the Hon'ble High Court vide Annexure A-3 (relevant portion extracted above) and requested the Administration to seek some time for implementation. It had constituted a committee for prescribing uniform based structure for all the subordinate ranks in Police Department of all Union Territories including Lakshadweeep, Annexure A-7 order dated 30.3.2000 refers.
However, the proposal was later on turned down vide Annexure A-9 order dated 29.12.2000. Consequently order dated 19.1.2001 was passed in implementation of the Hon'ble High Court judgment referred to above, vide Annexure A-10.
F) It was by Annexure A-11 order dated 26.2.2004 that the Ministry of Home Affairs had awarded a pay scale of Rs. 3050-4590/-"with immediate effect" to all the Constables of Lakshadweeep Island, Annexure A-11 refers. On the basis of the same all the Constables were paid their pay and allowances. However, finding the glaring disparity in the date of giving effect to the higher pay scale, compared to the counterparts in other...
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