R.S. Sehgal, Lt. Colonel (Time Scale) v. Union of India & Anr.

CORAM : HON'BLE MS. JUSTICE RITU BAHRI

1. To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest? Present : Mr. Hitesh Pandit, Advocate for the petitioner. Dr. Urmil Gupta, Standing penal counsel for UOI. **** RITU BAHRI, J. (ORAL) This is a petition under Articles 226/227 of the Constitution of India for issuance of writ in the nature of certiorari, mandamus for quashing and setting aside the instructions dated

26.5.1987 (Annexure P-2), revising the pay scales of the petitioner w.e.f. 1.1.1986. A prayer has also been made that a direction be given to the respondents to decide his representation dated

4.11.1989 (Annexure P-5). The petitioner was commissioned in the Indian Army on

10.6.1962, as Second Lieutenant and was granted rank of Lieutenant C.W.P. No. 12017 of 1990 -2- Colonel (Time Scale) w.e.f. 31.6.1984 after completion of more than 21 years of service. The post of Lieutenant Colonel (Time Scale) is substantive and distinctive from the rank of Major. Prior to 1.1.1986 the pay scale of Major was Rs. 1450-1800 and that of Lt. Colonel (Time Scale) was Rs. 1900/-. There are four time scale promotions in the Army i.e. Lt., Captain, Major and Lt. Colonel (TS), on completion of stipulated period of service i.e. 2 years, 5 years, 11 years and 21 years respectively. These service conditions have been prescribed as per letter dated 31.7.1984 (Annexure P-1). The 4th Pay Commission recommendations were accepted by the Army. The petitioner being aggrieved against this pay revision has filed a representation Annexure P-5 on 4.11.1989 to the Army Headquarters and the same was forwarded vide letter dated 1.12.1989 (Annexure P-6). In the written statement filed by the respondents No.1 & 2 it has been highlighted that the rank pays have been recommended along with the pay scale in the 4th Pay Commission, which reads as under :- “1. Capt. and equivalent : Rs. 200/- per month

2. Major and equivalent :Rs. 400/- per month

5. Lt (Col) Selection)and equivalent :Rs. 600/- per month Col and equivalent : Rs.800/- per month Brig and equivalent :Rs. 1200/- per month In the written statement a specific stand has been taken that the Lt. Colonel (TS) count against the authorised establishments C.W.P. No. 12017 of 1990 -3- in the Rank of Major. The post of Lt. Major (Selection) carries higher level of responsibilities and duties. The details of the pre-revised 1986 and post 1986 pay scales are given blow :- Pre-revised prior to 1.1.1986 Revised (after 1.1.86) Major (Rs. 1800/- p.m.) Rs. 3500 + 600 Rank Pay Lt. Col. (TS) (Rs. 1900/- p.m.) Rs. 3800 + 600 Rank Pay Lt. Col. (Sel) (Rs.1950 p.m.) Rs. 3900 + 800 Rank Pay It is only the rank pay of Rs. 600/- which is payable to the ranks of Lt. Col. (Time Scale) and Major. This has been done keeping in view the fact that a Lt. Col. (Time Scale) hold the appointment against the vacancy of a Major only and performs the functions and responsibilities of the rank of Major in the establishments of the Indian Army. In contrast to this, Lt. Col. (Selection) are posted against the post of Lt. Colonel, which carry higher responsibilities than a Major / Lt. Colonel (TS) in the Army. From the above it is clear, that no equity has been done in the pay scales as contended by the learned counsel for the petitioner to same rank, same pay of Rs. 600/- is payable to the Lt. Colonel (TS) and Major, whereas Rank Pay of Rs. 800/- is payable to the Lt. Colonel (Selection). This has been done keeping in view the fact that the Lt. Colonel (TS) holds against the vacancy of Major only and performs the functions and the responsibilities of the Major in the establishment of the Indian Army. In contrast to this, the Lt. Colonel are posted against the Post of Lt. Colonel which carry higher responsibilities than a Major Lt. Colonel (TS) in the Army. C.W.P. No. 12017 of 1990 -4- Two things are born out from this, one is that the post of Major / Lt. Col. (TM) are of the same post, whereas Lt. Colonel (Selection) is higher post carries higher scale. Since two time scale is prescribed after 21 years on revision of pay scale w.e.f. 1.1.1986. Lt. Col. gets Rs. 3800/- as compared to the major who gets Rs. 3500/-. On comparison the similarity is only of the rank pay. The Army Headquarters had rejected his representation and it has been examined and disposed off on 11.5.1990. The petitioner has earned no promotion w.e.f. 1.1.1986. He continues to draw his salary in the pay scale of 3800/- +600 Rank Pay with increment at Rs. 100/- per annum for first year and Rs. 150/- per annum for the second year. He will reach at a figure of Rs. 4500/- after earning five increments. I have heard the learned counsel for the petitioner and the learned counsel for the respondents. From the facts narrated above, it is clear that there is no clubbing of pay scales of Major and Lt. Colonel (Time Scale) as per the instructions Annexure P-2 and Annexure R-1. The petitioner is in the pay scale of Rs. 3800/- with Rs. 600/- as Rank Pay, whereas a Major has been put in the pay scale of Rs. 3500/- and Rs. 600/- as Rank Pay. As per instructions Annexure R-1, it is clear that while accepting the recommendations of the 4th Pay Commission same Rank Pay has been given to the Major and Lt. Colonel (Time Scale). This is a policy of the Government in which the interference by this Court is not desirable unless anomaly is established. It is an executive function and scope C.W.P. No. 12017 of 1990 -5- of the judicial review in this regard is very limited. Interference with administrative decisions pertaining to the pay scales is when a decision is unreasonable and unjust. In the present case on the facts it is not so. From the facts stated above, the writ petition is devoid of any merit, and the same is dismissed.

2.12.2010 'sp' (RITU BAHRI) JUDGE