By order dated 06.04.2004, the Tribunal allowed the applications and set aside the orders of recovery.
By order dated 17.09.2005, their representation was rejected on the ground that the companyditions in Fundamental Rule 22B Ruling 2 are number fulfilled.
Thirdly, Eswaran and others became Armed Reserve Grade II Police Constables on their own reasons and apart from that they were promoted as Naik and Havaldar and were, therefore, in receipt of higher emoluments after transfer.
398 and 399 of 2013 before the Division Bench of the High Court.
Secondly, there should be parity in pay in lower and higher pay.
After their transfer, it was found that in the transferred post, they have to receive lower pay and accordingly instructions were issued by the office of the Director General vide memo dated 27.07.1982 for protection of their pay and hence their pay was regularized in the scale of pay of Rs.825 15 900 20 1200 on the basis of the pay last drawn by them in the time scale of pay of Rs.1200 30 1560 40 2040.
It was allowed.
Aggrieved by the order of the learned Single Judge, the respondents State filed appeals being Writ Appeal Nos.
10317 of 1997 etc.
Aggrieved by the refusal to step up their basic pay at par with Eswaran and others, the appellants herein preferred writ petitions being P. Nos.
Subsequently, they got promotion as Grade I Police Constable and Head Constable in the Taluk Police at Coimbatore and companysequently their pay was fixed under Fundamental Rule 22B. With regard to their pay protection, the Accountant General of Tamil Nadu raised objection, therefore, the Government ordered recovery of excess pay and allowances from them.
The appellants herein, therefore, gave a representation to the Commissioner of Police, Coimbatore to fix their pay at par with their juniors, namely, Eswaran and others.
In order to appreciate the issue involved in these appeals, which lie in a narrow companypass, few relevant facts need mention infra.
Abhay Manohar Sapre, J. Leave granted.
Aggrieved by the aforesaid judgment, the appellants have preferred these appeals by way of special leave petitions before this Court.
This order was implemented by the respondents by issuing the order dated 08.10.2011 and accordingly the basic pay of the appellants was stepped up.
9527 and 9528 of 2006 by which the appellants writ petitions were allowed.
Mr. B. Radhakrishnan and Mr. K. Padmaraj, appellants herein were enlisted in the Police Department of the Coimbatore City Police Unit in the year 1976 and 1977 respectively as Grade II Police Constables.
before the Tamil Nadu Administrative Tribunal, Chennai.
Aggrieved by the orders of recovery, Eswaran and others filed applications being O.A. No.
One Eswaran and others were recruited between 1979 and 1982 in the Tamil Nadu Special Police Battalion as Grade II Police Constables, Category III.
By order dated 13.09.2010, the learned Single Judge of the High Court allowed the writ petitions and directed stepping up of basic pay of the appellants herein at par with Eswaran and others.
9527 9528 of 2006 before the High Court.
At that time these persons were drawing higher pay than the appellants.
This view was taken by the Division Bench by placing reliance on the decision of this Court in Union of India Ors.
These persons were promoted to the post of Naik in the year 1985 and subsequently in the year 1987 to the post of Havaldar.
In the year 1993, Eswaran and others exercised their option as provided in the Tamil Nadu Special Police Subordinate Service Rules 1978 and sought their transfer to the Armed Reserve, Coimbatore City Division.
