Smarajit Kanungoe vs The Union Of India & Ors.

PER: RAJINDER SINGH DOGRA, MEMBER (J):

This O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

The brief facts of the case as submitted by the applicant in the OA are that – the applicant has retired from service on 31.12.2012 as Assistant Inspector General of Police (Ops), Government of Tripura. He is aggrieved with the impugned Order dated 05.03.2022 (forwarded to the applicant vide letter dated 24.08.2022) issued by the Deputy Secretary to the Government of Tripura whereby claim of the applicant for grant of IPS Selection Grade w.e.f. 1^st January, 2012 on completion of 13 years of service in IPS as TR:1999 in terms of the Government of India, Ministry of Home Affairs’ orders dated 24.10.2017 and 14.03.2018, has been arbitrarily rejected.

Applicant has contended that he was initially allotted the year 2000 as IPS of Tripura Cadre. Subsequently in terms of the ratio laid down in the case of Praveen Kumar in CWP No. 15798 of 2009 passed by the Hon’ble High Court of Punjab and Haryana and upheld by the Hon’ble Supreme Court, the Government of India, Ministry of Home Affairs vide order dated 24.10.2017 has revised the year of allotment of Tripura Police Service Officers, who were appointed to the IPS of Tripura Cadre. Accordingly, the select lists of 2005, 2007, 2009 and 2010 in respect of Tripura Cadre were prepared and the applicant has been allotted the year 1999, as appointee/selectee to the IPS cadre of. As per the applicant, after revision and allotment of year 1999 as IPS to the applicant, he is entitled to Selection Grade in Pay-Band - 4: Rs.37400-67000; plus Grade Pay Rs.8700/- at least with effect from 01.01.2012 on completion of 13 years of services in terms of Indian Police Service (Pay) Rules, 2007. Applicant submitted a representation dated 17.02.2021 submitted by the applicant for re-fixation of his pay in IPS and the same was forwarded by the AIG of Police (Establishment) for the Director General of Police, Tripura vide letter dated 20.02.2021 to the Joint Secretary, GA (P&T) Department, Govt. of Tripura, Agartala. In support of the claim of the applicant necessary documents have been forwarded to the Joint Secretary, Govt. of Tripura and requested to issue necessary notification towards re-fixation of pay of the applicant in terms of the MHA order dated 24.10.2017 and 14.03.2018 allowing the applicant IPS Selection Grade w.e.f. 1^st January, 2012 on completion of 13 years of service in IPS as TR:1999. However, the Deputy Secretary to the Government of Tripura without proper application of mind on the facts of the case of applicant as well as the MHA orders dated 24.10.2017 and 14.03.2018, has issued the impugned order dated 05.03.2022 (Annexure-A/1).

Respondent Nos. 3 & 4 have filed their affidavit in opposition wherein they stated that the order dated 05.03.2022 does not suffer from any infirmities and the same does not deserve any interference by this Tribunal. The applicant had been appointed to the IPS on 30.12.2010 on promotion from State Police Service. Subsequently, he was allowed Junior Administrative Grade (JAG) w.e.f. 01.01.2008 on provisional basis presuming his year of allotment as 1999 in anticipation of year of allotment fixed by the Ministry of Home Affairs (MHA) vide Notification dated 30.03.2012. Similarly, Selection Grade Scale was also allowed to him taking into above formula w.e.f. 01.01.2012 vide Notification dated 09.04.2012. However, subsequently Govt. of India, Ministry of Home Affairs vide order dated 15.06.2012 fixed the year of allotment of the applicant as 2000. Accordingly, in accordance to the year of allotment fixed by the Govt. of India, MHA, promotion allowed in the rank of J.A.G. in respect of the applicant was modified giving the effect as on 01.01.2009 vide Notification dated 19.11.2013. As per promotion guidelines of IPS, officers in the Junior Administrative Grade, who have completed 13 years of service, are eligible for promotion to the IPS Selection Grade. However, in the instant case, applicant was allowed Selection Grade Scale w.e.f. 01.01.2012 presuming his year of allotment as 1999. But, as stated above, the Govt. of India, MHA having fixed his year of allotment as 2000 and the applicant having retired from service on superannuation on 31.12.2012, the applicant's Selection Grade Scale was rightly cancelled because at the said material point of time, the applicant had not completed 13 years of service prior to his retirement.

Respondent No. 5 has also filed affidavit in opposition and pleaded same statements as made by the respondent Nos. 2 & 4 in their affidavit in opposition.

We have heard Sri M. Chanda, learned counsel for the applicant, Sri S.K. Ghosh, learned Addl. CGSC for respondent Nos. 1 & 2 and Ms. K. Bhattacharyya for Sri D. Senapati, learned counsel for respondent Nos. 3 to 5.

During argument, learned counsel for the applicant has placed reliance the following case rulings:

Judgment and order dated 01.02.2010 passed by the Hon'ble Punjab & Haryana High Court in the case of Parveen Kumar versus Union Public Service Commission and Others in CWP No. 15798 of 2009.

Judgment and order dated 16.09.1999 passed by the Hon'ble Supreme Court of India in the case of Ajit Singh and Ors versus The State of Punjab & Ors.

Judgment and order dated 20.02.2007 passed by the Hon'ble Supreme Court in the case of Punjab State Warehouse Corporation, versus Manmohan Singh & Anr. Chandigarh (2007) 9 SCC 337.

Judgment and order dated 07.02.1967 passed by the Hon'ble Supreme Court in the case of State of Orissa versus Binapani Dei & Ors.

Judgment and order dated 25.06.2015 passed by the Hon'ble C.A.T. Guwahati Bench, Circuit Court at Shillong in O.A. No. 259/2013 in the case of Shri Deshbandhu Choudhury -vs.- Union of India & Others.

Judgment and order dated 18.01.2018 passed by the Hon'ble Gauhati High Court in W.P. (C) No. 4504/2016 in the case of The Union of India & Another -vs.-Deshbandhu Choudhury.

Order dated 13.07.2018 passed by the Hon'ble Supreme Court in SLP (C) Diary No. 22647/2018 in the case of Union of India & Another-vs- Deshbandhu Choudhury.

(2010) 4 SCC 290, Union of India and Another -vs-Hemraj Singh Chauhan and Others, relevant paragraphs 17, 46 and 48.

(2014) 3 SCC 670, Major General H.M. Singh, VSM-vs-Union of India and Another, relevant paragraphs 33 and 34.

(2015) 14 SCC 335, Ramesh Kumar -vs- Union of India & Others.

(1998) 4 SCC 65, Abraham Jacob and Others -vs- Union of India.

(1998) 4 SCC 114, Vimal Kumari -vs- State of Haryana and Others.

(1997) 9 SCC 287, Union of India and Others -vs- N.R. Banerjee and Others.

DOPT O.M. bearing No. 22011/5/86-Estt.(D) dated 10.04.1989.

We have also perused the pleadings, the documents placed on record and the written submissions filed by the parties.

The present applicant was initially selected in IPS from State Police Service and was allotted with 1999 batch. He was granted Selection Grade on 09.04.2012(Annexure-A/4). However, his date of allotment was subsequently withdrawn by the respondents by fixing it to the next year of allotment i.e. from 1999 to 2000. Subsequently, vide Order dated 14.03.2018 (Annexure-A/10), his allotted year was again restored to the year 1999 in place of 2000. Therefore, as his initial allotted year 1999 has been restored, he is entitled for restoration of his Selection Grade from the earlier date i.e. from 09.04.2012. Though, he had made a representation before the authority in this regard, however, vide Order dated 05.03.2022 (Annexure-A/1), his representation was rejected on the ground that he had superannuated on 31.12.2012. As per the applicant,

It is an admitted fact that in terms of the ratio laid down in the case of Praveen Kumar in CWP No. 15798 of 2009 passed by the Hon’ble High Court of Punjab and Haryana and upheld by the Hon’ble Supreme Court, the Government of India, Ministry of Home Affairs vide order dated 24.10.2017 (Annexure-A/9) had revised the year of allotment of Tripura Police Service Officers, who were appointed to the IPS of Tripura Cadre. Accordingly, the select lists of 2005, 2007, 2009 and 2010 in respect of Tripura Cadre were prepared and the applicant had been allotted the year 1999, as appointee/selectee to the IPS cadre of. Therefore, after revision and allotment of year 1999 as IPS to the applicant, he is entitled for Selection Grade in Pay-Band - 4: Rs.37400-67000; plus Grade Pay Rs.8700/- at least with effect from 01.01.2012 on completion of 13 years of services in terms of Indian Police Service (Pay) Rules, 2007. However, same was denied by the respondents vide Order dated 05.03.2022 (Annexure-A/1), which in our considered opinion, is not sustainable as per law laid down by the Hon’ble Supreme Court in the case of Bhagwan Shukla S/O Sh. Sarabjit Shukla vs Union Of India and Ors., reported in AIR 1994 SC 2480.

Accordingly, O.A. stands allowed. The impugned Order No. F-23(27)-GA(P&T)/18 dated 05.03.2022 (forwarded to the applicant vide letter dated 24.08.2022) (Annexure-A/1) is hereby quashed and set aside. Respondents are directed to grant the Selection Grade in Pay-Band - 4: Rs.37400-67000/-plus Grade Pay Rs. 8700/- at least with effect from 01.01.2012 to the applicant and to revise his pay and pensionary benefits of the applicant with arrear monetary benefits.

The entire exercise shall be carried out by the respondent authorities as expeditiously as possible, but not later than four months from the date of receipt of a copy of this order.

Pending M.A., if any, stands disposed of.

There shall be no order as to costs.