Delhi High Court
J.P.Dubey vs Union Of India & Ors. on 6 February, 2012
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) No.216/2000
% Date of Decision: 06.02.2012
J.P.Dubey .... Petitioner
Through Nemo
Versus
Union of India & Ors. .... Respondents
Through Dr.Ashwani Bhardwaj & Mr.Jitender,
Advocates
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
ANIL KUMAR, J.
*
1. The petitioner has sought a direction to the respondents to pay
arrears of salary in the pay scale of `4500-150-5700/- per month
during the period from 17th August, 1987 to 9th July, 1990 along with
interest and the litigation expenses incurred by the petitioner in
approaching the High Court of Allahabad and this Court.
2. The petitioner contended that he was directly recruited as Deputy
Superintendent of Police in the Central Reserve Police Force (CRPF)
w.e.f. 8th February, 1967. The petitioner was promoted as Commandant
in the year 1983 and was further promoted to Selection Grade
Commandant during May, 1985. The petitioner disclosed that some
Emergency Commissioned Officers were released from army and were
given jobs in the CRPF/BSF and other forces and they were given
benefits of their services of army and were placed senior to the
petitioner who was directly recruited in the year 1967. Such officers
have challenged the promotion of the petitioner and other officers and
the High Court had passed the order directing the reversion of the
petitioner along with his batch mates.
3. Aggrieved by the said order, the petitioner and his batch mates
had approached the Supreme Court. The Supreme Court by order dated
14th March, 1989 had directed that the petitioner and his batch mates
be allowed to retain their original rank by creating supernumerary posts
of selection grade commandant. According to the petitioner, he was
among the selection grade commandant on the date of judgment of the
Supreme Court dated 14th March, 1989 and was entitled for the scale of
`4500-150-5700/-. The petitioner, therefore, claimed the arrears of pay
at the said scale. Pursuant to the clarification given to the order dated
14th March, 1989 directions were given to the Govt. by order dated 11th
December, 1989 to grant all financial benefits.
4. The grievance of the petitioner is that although the arrears of pay
have been given to all his batch mates but the petitioner has not been
given the arrears. The petitioner further disclosed that he was sent on
deputation as Assistant Director to the Intelligence Bureau w.e.f. 17th
August, 1987 where he had remained till 9th July, 1990 and thereafter
he joined back his parent department. The petitioner, therefore, made
the representation for arrears of pay which has been denied to him
leading to filing of the present writ petition.
5. The petition was contested by the respondents and an affidavit of
Sh.V.K.Bhasin, working as Joint Assistant Director, was filed
contending, inter-alia, that the petitioner was working in CRPF and was
taken on deputation on the post of Assistant Directing in the scale of `
3000-100-3500-150-4500/- in the Intelligence Bureau w.e.f. 17th
August, 1987. The petitioner opted to draw his pay in the parent cadre
pay scale and was allowed the pay of `4100/- in the scale of `4100-125-
4850-5300/- w.e.f. 17th August, 1987. The pay of the petitioner at that
time did not exceed the maximum of the deputation post. Since
pursuant to the judgment of the Supreme Court by order dated 14th
March, 1989 he was given deemed promotion as Selection Grade
Commandant in the scale of `4500-5700/- w.e.f. 2nd September, 1985,
37 supernumerary posts of commandant were created w.e.f. 2nd
September, 1985. According to the Intelligence Bureau, the CRPF was
informed on 13th March, 1990 that the petitioner had been adjusted
against the supernumerary posts of commandant (Selection Grade)
w.e.f. 2nd September, 1985 and his pay has been fixed at `4500/- w.e.f.
1st January, 1986. According to respondent No.2, revised LPC showing
the pay of the petitioner as `4650/- as on 14th August, 1987 had been
received from respondent No.3/CRPF by letter dated 13th March, 1990.
6. Respondent No.2 has further contended that as the pay of the
petitioner exceeded the maximum of pay of scale of the post of Assistant
Director in Intelligence Bureau, he was repatriated to his parents
department/respondent No.3 on 9th July, 1990. When the petitioner
was taken on deputation in the Intelligence Bureau, he was not in the
pay scale of ` 4500-5700/-. The matter was referred to respondent
No.1, Union of India, who in consultation with the Ministry of Law had
concurred that higher pay was not admissible to the petitioner during
the period of deputation as Assistant Director in Intelligence Bureau as
per prevailing deputation rules and also there was no justification for
creating the supernumerary posts for this deputation period. This was
informed to the petitioner by Memo dated 11th January, 1995.
7. Aggrieved by the pleas and contentions of respondent No.2, a Civil
Miscellaneous Writ Petition No.39301/1994 was filed in the High Court
of Allahabad and an order dated 28th August, 1995 was passed
directing the respondents for payment of arrears to the petitioner. Since
the order of the High Court of Allahabad was not complied with, the
petitioner has approached the Allahabad High Court vide Civil
Miscellaneous Writ Petition No.13645/1996 to order the respondents
regarding the claim of the arrears which was disposed of with direction
that since the respondents are at New Delhi, therefore, the jurisdiction
for considering the claim of the petitioner is with the High Court of
Delhi at New Delhi. The petitioner has thereafter filed the present writ
petition.
8. No counter affidavit has been filed on behalf of respondent
No.3/CRPF.
9. No one is present on behalf of the petitioner. No one was present
on behalf of the parties on 31st January, 2012.
10. In the circumstances, this Court is left with no option but to
dismiss the writ petition in default of appearance of the petitioner or his
counsel. The writ petition is dismissed in default.
ANIL KUMAR, J.
SUDERSHAN KUMAR MISRA, J.
FEBRUARY 06, 2012
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