Bijoy Rabha v. The Union of India and 3 Ors

ORDER Date : 27-03-2024 Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Ms. B. Sharma, learned CGC for the respondents.

¶2By filing the writ petition, the petitioner is seeking direction from the respondent authorities to grant the benefit of revised/increased pay-scale including the remaining 40% subsistence allowance due to him.

¶3This matter relates to depriving the petitioner from receiving increased basic pay-scale w.e.f. 18.03.2019 (F.N.) in terms of the Office Order dated

12.09.2019, issued by the respondent authorities, while considering the case of the petitioner in compliance of the direction of this Hon'ble Court by Judgment dated 29.01.2019 delivered in W.P.(C) no. 5043/2012.

¶4It appears from the affidavit filed by the respondent authorities that pursuant to the de-novo enquiry order, the case of the petitioner was re-examined and the punishment of "Stoppage of one annual increment from the date of accrual Page No.# 3/5 of next increment for a period of two years and withholding will have the effect of postponing his future increment of pay" was modified into "Stoppage of one annual increment from the date of accrual of next increment for a period of two years and withholding will not have the effect of postponing his future increment of pay".

¶5Accordingly, the pay of the petitioner has been re-fixed by order dated

22.09.2023 which is as follows :- Pay revised w.e.f. 18.03.2019 i.e. from the date of reinstatement in service as per 7th CPC Rs. 23800/- (Cell – 04, Level-3) Annual Increment 01/07/2020 Rs. 23800/- due to stoppage of one Annual Increment for a period of two years and "withholding will not have the effect of postponing his future increments of pay. Annual Increment 01/07/2021 Annual Increment 01/07/2022 Rs. 26000/- (Cell – 07, Level-3) Annual Increment 01/07/2023 Rs. 26000/- (Cell – 08, Level-3) Date of next increment 01/07/2024

¶6It thus appears that the grievance of the petitioner for extending the benefit of revised pay-scale has already been resolved and the re-fixation of pay order is already been issued.

¶7It further appears from the affidavit-in-reply filed by the petitioner that the petitioner has stated that though the petitioner was required to be paid Rs. 23,800/- in the month of August, 2019, as per the revised pay-scale, he had received Rs. 18,375/- in the aforesaid month. In support of the aforesaid Page No.# 4/5 submission, the petitioner has placed a chart in the affidavit-in-reply, which is as hereunder :- Pay

revised

w.e.f. 18/03/2019

till 30/06/2020 Rs. 23,800/- But Writ Petitioner getting less amount and he received Rs. 18,375/- in the month of August, 2019 Pay

revised

w.e.f. 01/07/2020

till 30/06/2021 Rs. 23,800/- Due to stoppage of one annual increment for a period of two years Pay

revised

w.e.f. 01/07/2021

till 30/06/2022 Rs. 23,800/- Due to stoppage of one annual increment for a period of two years Pay

revised

w.e.f. 01/07/2022

till 30/06/2023 Rs. 26,000/- But Writ Petitioner getting less amount and he received Rs. 24,500/- in the month of December, 2022 Pay

revised

w.e.f. 01/07/2023

till 30/06/2024 Rs. 26,000/- But Writ Petitioner getting less amount and he received Rs. 25,200/- till submitting this Affidavit.

¶8What transpires from the aforesaid chart is that the petitioner has been paid less than the revised pay-scale.

¶9Considering the facts and circumstances of the case, this Court, for the ends of justice, disposes of the writ petition with the direction that the petitioner, in terms of the entitlement as per the revised pay-scale should be paid by making necessary deduction, if any, in accordance with law.

¶10As such, with the aforesaid observations, this writ petition stands disposed of.

JUDGE Page No.# 5/5 Comparing Assistant

PageoNo.#o1/5 GAHC010011112023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/411/2023o BIJOYoRABHAo S/O-oLATEoLOHIToRABHA,o R/O-oVILLAGEoANDoP.O-oMESKAoPUKHURI,o P.S-oKALAIGAON,o DIST-oUDALGURIo(BTAD),oASSAM,oPIN-784521 VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARY,oTOoTHEoGOVT.oOFoINDIAo ,DEPARTMENToOFoHOMEoAFFAIRS,oCRPF,oNEWoDELHI-110001 2:THEoDIRECTORoGENERAL oCRPFoHEADQUARTERo BLOCKoNO-1 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-110002 3:THEoCOMMANDANT o65oBN oCRPF oRAIoBARODERA o RAIPUR oMANDIRAoCHOWK o BARODERAoCAMPUS oCHATTISGARH oPIN-492101 Page No.# 2/5 4:THE COMMANDANT 142 BN CRPF JUNAKI NAGAR GOLAGHAT ASSAM PIN-78562 Advocate for the Petitioner : MS. S B CHOUDHURY Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI