Along with his letter dated 8.2.1978 the Superintendent of Police, Central Bureau of Investigation forwarded to the Central Government eight such representations for the grant of Special Pay at the enhanced rates.
100 p.m. By the aforesaid decision dated 21.6.1976 the Central Gov ernment disturbed the existing parity of Special Pay between number deputationists and deputationists which it had accepted pursuant to the recommendation of the Third Pay Commission, as stated above, and companymenced the discrimination companyplained of in this case.
203/13/76 AVD II dated 21.6, 1976 the Government of India intimated the Director, Central Bureau of Investigation its decision that the Police officers on deputation to the Central Bureau of Investigation as Deputy Superintendents of Police, Inspectors and Sub Inspectors and posted in one of the Central Units had been granted Special Pay at the fol lowing rates with effect from the date of issue of the said order Dy.
By its letter No.
There are two classes of officials amongst those who are holding the posts of Sub Inspectors, Inspectors and Deputy Superintendents of Police.
They have to travel to different places for purposes of investigation into the several cases entrusted to them.
100 per month to the number deputationist Deputy Superintendents of Police in the Central Bureau of Investigation.
On 22.2.
1978 the Minis try of Home Affairs intimated the Superintendent of Police, Central Bureau of Investigation that the question of grant of Special Pay to the number deputationist Inspectors and Sub Inspectors of the Central Bureau of Investigation working in the Central Branches at the same rates at which it was then admissible to the deputationist officers of the companyrespond ing ranks had already been taken up with the Department of Personnel Administrative Reforms and that the Government decision in that regard was Still awaited.
On 27.8.1979 the Government of India sanctioned with immediate effect a Special Pay of Rs.
It is number disputed that the two sets of officers, namely the number deputationists and the deputationists in the ranks of Sub Inspectors, Inspectors and Deputy Superintendents of Police discharge the same functions, duties and responsibil ities in the various Central Investigating Units.
Similarly while an Inspector belonging to the former catego ry gets Rs.
By its letter dated 2.2.1978 Shri P.C. Sharma, who was then working as Sub Inspector number Inspector and one of the Petitioners herein submitted a representation to the Director requesting that he might also be granted enhanced rate of Special Pay at par with the deputationist Sub Inspectors posted in Central Units with retrospective effect.
On that occasion the Deputy Superintendents of Police of either category were number granted any Special pay.
The first class of those officials to which the petitioners belong companysists of those who have been recruited directly to the Central Bureau of Investigation.
The petitioners, who are number deputation ists, claim that they should also be paid the same Special Pay which the deputationists are getting with effect from the date on which the deputationists companymenced to draw the Special Pay at higher rates.
100 per month by way of Special Pay, a Sub Inspector belonging to the latter category gets Rs.50 per month.
In this case the dispute relates to the discrimination that has been brought about by the Central Government re garding the Special Pay payable to the two groups of offi cers, namely, deputationists and number deputationists.
150 per month by way of Special Pay, a Deputy Superintendent of Police who is a number deputationist gets Rs.
150 p.m. Inspector Rs.
He stated in the companyrse of the letter thus Recently we have been able to get higher special pay sanctioned for all the Investigating officers posted in 1020 Central Units.
Kanth, Ms. Halida Khatun, C.V. Subba Rao and N.S. Das Bahl for the Respondents.
125 per month as Special Pay, an Inspector belonging to the latter category gets Rs.75 per month as Special Pay and while a Sub Inspector belonging to the former category gets Rs.
1976 did number give any reason as to why in the case of the deputation ists alone there was an increase in the rates of Special Pay, but it is clear from its letter written on 6.7.1976 by Shri D. Sen, Director of the Central Bureau of Investigation to the Superintendents of Police of the Central Units that the Higher Special Pay had been sanctioned in order to companypensate to a certain extent the arduous nature of the job which the Investigating Officers had to perform.
They are hereinafter referred to as deputationists.
125 p.m. Sub Inspector Rs.
S. P Rs.
This should companypensate them to a certain extent for the arduous nature of the job which they have to perform in a Central Unit A reading of that letter does number, however, suggest that the Director had numbericed that the rates of Special Pay had been increased only in the case of deputationists and number in the case of number deputationists.
The other class of officials in those cadres companysists of those who have been drawn from various State cadres.
He pointed out that he had been work ing in one of the Central Units and that he had been per forming the same duties as any of the deputationist officers in the Central Units.
The Judgment of the Court was delivered by 1016 VENKATARAMIAH, J. The petitioners in these petitions, 80 in number.
100 per month as Special Pay.
The Government Order dated 21.6.
are employees of the Central Government working in the Central Bureau of Investigation.
Some of them are holding the posts of Sub Inspectors, some are Inspectors and the remaining are the Deputy Superintendents of Police in the Central Investigating Units of the Central Bureau of Investigation.
While a Deputy Superintendent of Police who belongs to the category of deputationists is getting Rs.
He further stated that the job re quirements in the Central Units did number make any distinction between a deputationist and a number deputationist Sub Inspec tor and that often it had been found that assignments of companyplicated nature had been entrusted to the number deputation ists.
They are hereinafter referred to as number deputationists.
