By its order dated April 23, 1970 the Central Government appointed the Third Pay Commission to make recommendations in regard to the structure of the emoluments and the companyditions of service of different classes of Central Government employees.
The Central Reserve Police Force forms a part of the Ministry of Home Affairs in the Government of India, and it has a Signals branch in which one of the categories is that of Radio operators Grade III Naik .
Originally, members of the Central Reserve Police Force of the rank of Naik enjoyed the pay scale Rs.85 110, and Naik Radio operators were given a special pay of Rs.
225 308 given to Naiks and the excess amount paid earlier to them was sought to be recovered by deducting from future payments of their salary.
The question whether the petitioners have been properly placed in the pay scale Rs.
So far as the deduction is companycerned, this Court has already directed by its order dated December 19, 1979 that the Government should restore to the petitioners the excess amount already recover ed from them.
260.430 and Alternatively, their claim to the pay of Rs.
Paragraph 30 of Chapter 29 of Part I of Volume 2 companytains the recommendations in respect of Radio Mechanics in the Central Reserve Police Force.
Nevertheless, it will be necessary to examine the validity of the refixation of the salary number paid to the petitioners inasmuch as that question is relevant for the period companymencing from the date from which salary has been actually paid on the refixed basis.
225 308 must be examined, therefore, from two aspects 1, Their claim to the Pay scale Rs.
The Commission submitted its final report to the Central Government on March, 31, 1973.
Under Article 32 of the Constitution of India K. Garg and V.J. Francis for the Petitioner.
They were entitled to allowances calculated on the aggregate of their basic pay and special pay.
The petitioners did make the representation and the Government companysidered it but the relief claimed by the petitioners was denied.
In accordance with the further directions companytained in the order dated December 19, 1979 this writ petition has number companye on for companysideration on its merits.
Subsequently, in April 1975, the petitioners were placed in the revised pay scale Rs.
Aggrieved by the refixation of their pay and the deduction of the excess already paid, they have filed the present writ petition.
30 in view of their special qualifications and the specialised nature of their duties.
ORIGINAL JURISDICTION Writ Petition No.
They companyplain that under the Central Civil Services Revised Pay Rules, 1973 they have been placed in the pay scale Rs.
225 308 when they were entitled to the pay scale Rs.
260 430.
3783 of 1978.
M. Abdul Khader, Mrs. Shobha Dikshit and Miss A. Subhashini for the Respondents.
The Judgment of the Court was delivered by PATHAK, J. The Petitioners are Radio operators Grade lII Naik in the Signals branch of the Central Reserve Police Force.
When the writ petition came on for hearing in the first instance, a Bench of this Court made an order on December 19, 1979 providing an opportunity to the petitioners to put in a representation before the Government and requiring the Government to dispose of the representation.
