OA No. 3719/2014 and MA No. 3199/2014. Case: Mahesh Batra and Ors. Vs Union of India and Ors.. High Court of Madras (India)
| Case Number | OA No. 3719/2014 and MA No. 3199/2014 |
| Counsel | For Appellant: Naresh Kaushik, Advocate and For Respondents: Amit Anand and Subhash Gosain, Advocates |
| Judges | Syed Rafat Alam, J. (Chairman) and P.K. Basu, Member (A) |
| Issue | Constitution Of India - Articles 14, 142, 15, 15 (1), 16, 16 (1), 16(1), 21, 39 (d) |
| Judgement Date | December 16, 2015 |
| Court | High Court of Madras (India) |
Order:
P.K. Basu, Member (A), (Principal Bench, New Delhi)
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We are concerned here with the Technical Branch; Communication Branch and Delhi, Andaman & Nicobar Islands, Lakshadweep, Daman & Diu and Dadra & Nagar Haveli Police Service (DANIPS) cadres of Delhi Police. They are three separate cadres undertaking separate functions but the hierarchy of posts in three cadres is linked at one stage viz. the stage of Assistant Commissioner of Police (ACP). Officials of all the three cadres get posted as ACP. In the DANIPS cadre, officers are recruited through Civil Services Examination (CSE) conducted by the Union Public Service Commission (UPSC) and the incumbents after joining DANIPS are posted as Assistant Commissioner of Police (ACP). Both the applicants, who belong to the technical cadre, were recruited by Delhi Police as Sub Inspector under the Recruitment Rules (RRs) of that cadre. Similarly, the personnel in the communication cadre are recruited through the UPSC as ACP (Communication) through a separate exam by the UPSC.
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In the DANIPS cadre, the officials are entitled to nonfunctional higher pay scale of PB-III i.e. Rs. 15600-39100 plus Grade Pay of Rs. 7600/- on completion of 13 years of service and PB-IV i.e. Rs. 37400-67000 plus Grade Pay of Rs. 8700/- on completion of 18 years of service.
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It has been argued by the applicants that Electronics Data Processing scale pursuant to Sheshagiri Committee Report was accepted and extended to the Civilian Staff of Delhi Police (i.e. computer field personnel without Rank). However, the same was denied to the applicants in view of the fact that they were being given rank and corresponding pay scale as was extended to other identically placed ranks of Delhi Police, evidently analogous to their counter parts in Delhi Police. This led to legitimate expectation on the part of the applicants that this system of promotion and pay structure shall be continued, as a reason whereof the applicants did not pursue their claim for the EDP scale which was accepted and made applicable to all the civilian computer personnel of Delhi Police. However, now the impugned actions and omissions of the respondents have left the applicants in a lurch wherein they are neither getting the benefits under the EDP scale nor the benefits as are extended to other identically placed DCP/ ACP (Communication) of Delhi Police analogous to the DANIPS, resulting in a situation of double edged loss.
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The applicants' case is that since they are also posted as ACPs just like DANIPS cadre, they should also be given the benefit of non-functional upgraded pay scales of PB-III with Grade Pay Rs. 7600/- and PB-IV with Grade Pay Rs. 8700/- on completion of 13 and 18 years of approved service respectively as according to them, otherwise it is discriminatory and violative of Articles 14 and 16 of the Constitution of India. Further, they seek to strengthen their case on the ground that from the Communication Wing, three officers namely Shri Naved Mumtaz, Shri Satyawan Gautam and Shri Shive Keshari Singh were given the benefit of the upgraded scales as sought by the applicants, although they do not belong to DANIPS cadre, but only the applicants have been left out. The applicants further drew our attention to the fact that two other non-DANIPS officers namely Shri L.N. Rao and Shri Ravi Shankar, ACPs were also given the benefit of upgradation being sought by them. It is argued that once the respondents have granted the benefit to the communication cadre and two non-DANIPS cadre ACPs, there is no ground whatsoever to deny the said benefit to the applicants. Shri Rao and Shri Ravi Shankar, both belong to the feeder cadre of DANIPS.
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The learned counsel for the applicants drew our attention to order dated 4.01.2013 issued by the GNCT of Delhi in pursuance of MHA, Govt. of India order dated 30.08.2012 in which the upgradations after 13 years and 18 years have been allowed to three Communication Cadre Delhi Police Officers where it is stated that "In pursuance of MHA, Govt. of India, Order No. 14016/13/2000 UTS.II dated 30th August, 2012, the Lieutenant Governor, NCT of Delhi is pleased to grant promotional pay scale (non-functional basis) analogous to DANIPS officers...................", thereby claiming that MHA and GNCT Delhi agree that the communication cadre is analogous to the DANIPS Cadre and by the same analogy, technical cadre should also be treated as analogous to DANIPS Cadre.
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The respondents have examined this issue and vide orders dated 20.03.2014 and 20.05.2014, rejected the claim of the applicants. The reasoning why their request has been rejected is given in detail in para 4 of letter dated 20.03.2014, which we quote below for ready reference:
i. At the outset it may be observed that applicants are claiming pay/benefits of service analogous to that of DANIPS. DANIPS are recruited through the CSE Exam conducted by the UPSC, whereas the applicants were recruited as sub-inspectors under the different RRs. It is not understood as to why and on what basis the applicants are claiming pay parity with DANIPS and why the GNCTD has referred their claim to Ministry. It may be observed that even the officers from feeder grade services of the UT police who are inducted to DANIPS against the promotion quota vacancies are promoted to the Selection Grade (GP Rs. 6600/-) and most of them get retired from the Entry Grade (GP Rs. 4800/- or Rs. 5400/-). Hardly any officer, appointed in DANIPS on promotion quota, reaches the level of JAG-II (GP 7600/-).
ii. The proposal sent by the Government of NCT of Delhi is not clear. While claiming benefits analogous to DANIPS, the Government of NCT of Delhi has mentioned the pay scale of PB-3 with GP Rs. 7600/- and PB-4 with GP of Rs. 8700/-, as non functional. It may be observed that the pay scale of PB-3 with GP Rs. 7600/- is not non functional in case of DANIPS. Further promotion to the GP of Rs. 7600/-and GP 8700/- are also subject to availability of vacancy and assessment of the officer by DPC held under the aegis of UPSC. In fact, the pay scale of the applicants should be decided by the GNCTD as per the relevant RRs. Instead of referring the matter to MHA, the Delhi Government should decide the matter as per the extant RRs.
iii. Shri GS Awana and Shri Mahesh Batra were recruited by the Delhi Police/GNCTD under RRs different from DANIPS. Their pay and promotions should be governed by the said RRs vide which they were recruited. Further, it is not clear as to on what basis the officers are claiming their pay and other benefits analogous to the officers who have been recruited on different RRs.
iv. In the representations of the applicants as well as in the letter of the Government of NCT of Delhi it is mentioned that the MHA has given benefits to 5 officers(details mentioned in para 2 of the letter of GNCTD) and only 2 officers are left. It is not understood as to on what basis the GNCTD has compared Shri Awana and Shri Batra with those 5 officers. In fact, the officers mentioned at Sl. No. 1-3, viz, Shri Naved Mumtaz, Shri Sartyawan Gautam and Shri S.K. Singh were recruited by the GNCTD through UPSC as ACP...
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