IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12542 of 2010 2 5.8.2010 1. Tapas Karmakar, S/o late Chittaranjan Karmakar, at present SSB, Raxaul Circle, Mouze- Ward No.14, P.O. Raxaul, Distkrict- West Champaran The Circle Organiser, SSB, Pathamari Circle, Village- Power House, P.O. Thakurganj, Distt.- Kishanganj 2. Sujit Chandra Mnadal, S/o Shri Sirish Chandra Mandal, O/oThe Circle Organizer, SSB, Singhimari Circle, P.O. Korobari, district- Kishanganj 3. Sushanta Mallick, s/o- late Sunil Mallick, O/o- The Circle Organizer, SSB, Valmikinagar Circle, P.O. Valmikinagar, district- West Champaran ...... Petitioners VERSUS 1. The Union of India through the Secretary, Ministry of Home Affairms, Govt. of India, North Block, New Delhi 2. The Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi 3. The Director General, Sashastra Seema Bal, East Block- 5, R.K.Puram, New Delhi-66 Respondents (Ist Set) 4. Rajendra Nath Roy, S/o Late Rajeshwar Roy, O/o The Circle Organizer, SSB, Kadu Bhita Circle, vill.- Kadogaon, P.O. B.B. Bharatpur, Distt. Kishanganj 5. Jyoti Prakash Roy, s/o Bijay Kr. Roy, O/oThe Circle Organizer, Kurlikote Circle, P.O. Piprithan, Distt. Kishanganj Respondents (IInd Set) --------- For the Petitioners : Mr Sanjay Kr. Giri, Advocate --------- Heard learned counsel for the petitioners and perused the impugned order passed by the learned Central Administrative Tribunal, Patna Bench, Patna dated 12th 2 August, 2009 whereby OA No.592 of 2007 has been dismissed. On behalf of the petitioners it has been submitted that under the recommendations of the 5th Pay Central Pay Commission the petitioners, who are officers belonging to SSB Cadre, became entitled for Special Pay and that also at the enhanced rate and, therefore, the order dated 6th June, 2000, contained in Annexure-2 was issued by the competent authority but the said order, according to learned counsel for the petitioners, was wrongly not given effect to in view of a clarification by way of addendum issued on 24th October, 2000, contained in Annexure-4. A perusal of the recommendations contained in Annexure-1 shows that the recommendation was for enhancing the Special Pay already admissible. From discussions made in paragraphs 6 and 7 of the impugned order, it is clear that the petitioners belonging to SSB Cadre were actually never entitled for any Special Pay and, therefore, the order contained in Annexure-2 which was admittedly issued under misconception, was not given effect to and such action came to be justified in view of 3 Annexure-4 dated 24th October, 2000 whereby the mistake was rectified. We do not find any good ground to interfere with the order of the learned Tribunal. The writ petition is, therefore, dismissed. (Shiva Kirti Singh, J.) (Birendra Prasad Verma, J.) sk