Col N.M. Singhvi v. Union Of India & Ors.

1. Petitioner by this writ petition has prayed that respondents be directed to allow the pay scale of Rs. 1750 w.e.f. 01.07.1980 and to raise the said pay scale on the basis of revision of pay scales each year and to pay to the petitioner the arrears of difference of such salaries together with interest thereon at market rate.

2. Brief facts necessary for the disposal of present petition are that petitioner was a Commissioned Officer in the Remount and Veterinary Corps of Indian Army. He joined the Indian Army w.e.f. 01.07.1964 initially as an emergency commissioned officer in the rank of Lieutenant. He was granted regular commission in the aforesaid Branch of the Indian Army in 1969. He was promoted to the rank of substantive Major on 01.07.1974, however this promotion date was later on amended as 01.07.1973 on account of restoration of lost seniority vide Gazette of India Notification no. 36 dated 08.09.1979. Thereafter he was promoted to the rank of Lt. Colonel and w.e.f. 01.05.1992 he was further promoted to the rank of Colonel. The pay scales of Army Officers were revised w.e.f. 01.04.1973. As per the Special Army Instructions 09.05.1974 as amended by Army Instruction 1/80 read with respective Pay Tables annexed in the same, an Officer running in 14th year of service is entitled to receive a basic salary of Rs. 1650. Likewise on entering the 17 year of service, an officer is entitled to receive a basic salary of Rs. 1750. Petitioner was given this pay scale of Rs. 1750 by the order dated 08.03.1980 but soon thereafter on 17.11.1980 same was recalled and reduced the pay scale from Rs. 1750 to Rs. 1700. He made a protest and filed a statutory complaint and then matter remained in correspondence and ultimately same was rejected. Thereafter petitioner has filed the present writ petition before Hon'ble Delhi High Court which after constitution of Armed Forces Tribunal has been transferred before this Tribunal for disposal.

3. Reply was filed by the respondents. Respondents trying to justify that as per Army Order petitioner is not entitled to pay scale of Rs. 1750 on completion of 16 years of service or entering into 17 years of service.

4. We have gone through the Army Order and bare reading of Army Order clearly stipulates that a person completing 16 years of service is entitled to pay scale of Rs. 1750. A simple perusal of the Army Order is conclusive of the matter and pre and post explanation is hardly justifies the action of respondents in reducing the pay scale from Rs. 1750 to Rs. 1700. Learned counsel for respondents has taken us to the noting of the Finance Department of Defence and trying to justify but we regret to say that explanation is hardly satisfactory, the original Order speaks for itself. We cannot put any pre or post improvement in the Government Order. Government Order is very clear and clearly stipulates that on completing 16 years or entering into 17 years of service the incumbent is entitled to pay scale of Rs. 1750 and that was in fact given to petitioner but after sometime some realisation drawn upon them and they further improved the Order and after that pay scale of petitioner was reduced from Rs. 1750 to Rs. 1700 which is not proper. Once order has been issued, it has to be adhered to and there is no justification to make a further post improvement since this is a financial matter which concerns the officer's bread and butter. It cannot be improved by subsequent letters and providing post justification. We are satisfied that original Order passed by respondents on 08.03.1980 was correct and there was no post justification for modifying the order dated 08.03.1980. Hence, the order dated 17.11.1980 is quashed and the order dated 08.03.1980 is up held. The petitioner is entitled to fixation on the pay scale of Rs. 1750 w.e.f. 01.07.1980 after completion of 16 years of service or entering into 17 years of service. The petition is allowed. All the fixation of the petitioner shall be done within 2 months from today as the incumbent has already retired. All the difference shall be paid to the petitioner with interest @12% per annum. No costs.