1 S.B.CIVIL WRIT PETITION NO.180/1999 Amar Singh Vs. Union of India & Ors. Date of Order :: 24.03.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr K.K. Shah, for the petitioner. Mr M.S. Godara, for the respondents. ... By this petition for writ a Head Constable (Fitter or F) with Border Security Force, is claiming parity in pay with Head Constable (Radio Mechanics or RM) working with Border Security Force. The factual background necessary for adjudication of this petition for writ is that the petitioner is a Head Constable (F) with Border Security Force. Under the recommendations of 3rd Pay Commission the pay scales prescribed for Head Constable (F) was of Rs.320/- whereas the pay of Rs.330/- was given to the Head Constable (RM). Under the recommendations of 4th Pay Commission the pay of Rs.1150/- was given to the Head Constable (F) and it was of Rs.1200/- for Head Constable (RM). On acceptance of the recommendations made by 5th Pay Commission in the year 1996 the pay scale of Head Constable (F) was of Rs.3200-4900 and the pay scale of Rs.4000-6000 was given to the Head Constables (RM). The petitioner by way of submitting a representation dated 3.4.1998 made a request to the respondents to allow pay scale of Rs. 4000-6000 to the Head Constables (F) also. On receiving no response 2 to the representation aforesaid this petition for writ is preferred with a prayer as follows: “This writ petition may kindly be allowed with costs and by issuance of writ, order or direction the respondents be directed to fix higher pay scale commensurate to the pay scale of other trades as per IV Pay Commission and not at Rs.3200/-. It is further prayed that all consequential benefits may kindly be given to the petitioner w.e.f. 01.1.96 as in the case of all other tradesmen.” The claim of the petitioner is founded on the argument that Head Constable (Fitter) and Head Constable (RM) are essentially part of one cadre that is of Head Constable, and therefore, no disparity there should be among them with regard to the pay scales. As per learned counsel for the petitioner such disparity in the pay scales is violative of Articles 14 and 16 of the Constitution of India. During the course of arguments it is also stated by learned counsel for the petitioner that as a matter of fact the pay scale given to Head Constable (F) is nothing but the pay scale which is allowed to the Constable, a post lower than the post of Head Constable. Per contra, as per the respondents pay scale of Head Constable (F) was always lower than the pay scale prescribed for Head Constables (RM). It is stated that as per the recommendations made by 3rd Pay Commission the pay scale of Rs.320-400 was given to the Head Constable (F) whereas pay scale given to the Head Constable (RM) was of 3 Rs.330-400. Similarly pay scales prescribed for Head Constable (F) and Head Constable (RM) under the 4th Pay Commission were of Rs.1150-1500 and 1200-1800 respectively. The two posts are of different duties with different nature of job and as such the comparison for the purpose of grant of pay scales is ill-founded. The fact that the pay scale of Head Constable (F) and the pay scale given to the Constable is also denied by the respondents. A specific statement is made that the pay scale of RS.3050-4590 was given to the Constables as well as to the Head Constables (F), however, by an order dated 10.10.1997 the pay scale of Rs.3200-4900 was allowed to the Head Constables (F). It is also stated that the existing Head Constable (F) are also entitled to draw a special pay/appointment pay that is of Rs.50 per month till their appointment by way of promotion to next higher grade or till they vacate the post concerned. Heard counsel for the parties. It is not in dispute that the post of Head Constable(F) and Head Constable (RM) are part of different cadres. The qualification required and the mode of recruitment for appointment on the posts referred above is also different. It is also not in dispute that the post of Head Constable (RM) is having a higher pay scale since inception. As such, the effort made by the petitioner to get parity in the pay scales of these 4 two posts is absolutely ill-founded. The claim made by the petitioner for receiving higher pay scale by alleging same pay scale to the Constables and Head Constables (F) is also factually wrong. The respondents as per notification dated 10.10.1997 have already allowed a higher pay scale that is of Rs.3200-4900 to the Head Constables(F) whereas the Constables are running in the pay scale of RS.3050-4590. An effort is also made by learned counsel for the petitioner to claim at least pay scale of Rs.3200-4900 w.e.f. 1.1.1996 the date on which Central Civil Services (Revised Pay Scale) Rules, 1997 cam into force. No such relief can be given to the petitioner in instant petition for writ as no challenge is given by the petitioner to validity of the order dated 10.10.1997 where-under the pay scale of Rs.3200-4900 was allowed to the Head Constables (F). In view of whatever said above this petition for writ is having no merit, and therefore, the same is dismissed. (GOVIND MATHUR), J. Jgoyal '