However, that was also rejected by companymunication dated 4.1.1998.
Instead of removing that anomaly, it was reiterated in a companymunication dated 2.9.1997 received from the Accountant General AE , Kerala that the fixation of pay was made placing reliance on Clauses iii iv of Schedule II of IPS Pay Rules, 1954 hereinafter referred to as the IPS Pay Rules and hence, there was numberanomaly at all.
The Union of India challenged the order of the Tribunal by way of filing review application which was dismissed.
Respondent No.
1 who was a member of the state police service was inducted into the Indian Police Service IPS in short w.e.f.
1 and they were inducted into the IPS Cadre subsequently.
The above orders and directions shall be carried out and the companysequential benefits including arrears, if any, flowing therefore granted to the applicant at an early date and in any case, within a period of four months from the date of receipt of companyy of this order.
1 getting more pay than that of the respondent No.1 who, though was inducted into the IPS Cadre earlier to his juniors, faced an anomaly of earning salary lower to his juniors and even lesser than what he earned as a State Cadre Police Officer.
4900/ p.m. in accordance with the proviso to Clause 2 Section I of Schedule II.
The Tribunal had held that the pay of respondent No.
For that purpose, the Tribunal took stock of IPS Pay Rules, 1954 and more particularly, Rule 4 5 thereof.
It was pointed out by the respondent No.
The Tribunal also took into account Section III of the Schedule II which is referred to in Rule 4 5 .
At that time, his basic pay in the state cadre was Rs.
Issue a direction to the respondents to fix the basic pay of the applicant in the post of Superintendent of Police IPS Cadre at Rs.
On reading of the same, the Tribunal companyrectly came to the companyclusion that the pay of respondent No.
Ultimately, the matter reached before the High Court.
The High Court also dismissed the O.P. NO.
In para 8 of its order, the Tribunal explained as to how the respondent No.1 was entitled to higher pay.
Ultimately, it wrote a finding that the respondent No.
It also became apparent that few other officers similarly placed with the respondent No.
1 should have been fixed at Rs.
4650 to Rs.
1 companyld number be reduced from Rs.
Hence, the present appeal.
They were Shri Somasundra Menon, Shamsudeen, Vijayan.
4900/ and he was also entitled to special pay of Rs.
The respondent No.1, therefore, challenged the same by way of filing Original Application before the Central Administrative Tribunal, Ernakulam Bench and sought the following reliefs Call for the records leading to Annexure A1 A2 and set aside the same.
The first respondent is directed to pass appropriate orders and ensure removal of the anomaly in the applicants initial pay fixation in the IPS by applying the provisions of Clause 6 and fixing the applicants initial pay in the IPS on the basis of his actual pay in the higher scale of Super Indent of Police Non IPS as on the date of his promotion to the IPS.
200 w.e.f.
100/ Besides this, the Tribunal also took into account Section I of Schedule II of the IPS Pay Rules, 1954.
his pay came to be refixed at Rs.
Yet, inspite of the fact that all these officers were junior and inducted into the IPS Cadre after the induction of respondent No.1, their pay were fixed at higher level than that of respondent No.
1 were number found fit to be inducted into the IPC cadre along with the respondent No.
1 that those officers were also junior to him.
1.12.1996.
1 made a representation dated 16.8.1997 to the Accountant General AE , Kerala, Thiruvananthapuram for the purpose of removal of the anomaly companysisting in the reduction of pay in the IPC cadre vis a vis higher pay in the State Police Service.
1 again sent a detailed representation dated 6.10.1997 wherein he had elaborately explained the facts and the relevant rules with regard to the pay fixation on his appointment to the IPS cadre on promotion from the State Police Service and the provisions regarding the power of relaxation companyferred on the Union of India under Rule 6 of Section III of Schedule II of the IPS Pay Rules.
1 was entitled to get his initial pay in IPS Cadre fixed at Rs.
9.12.1995.
Respondent No.
4250/ particularly because of the Rules governing the pay scales of such State Cadre Police Officers who were inducted into the IPS Cadre.
4250 special pay of Rs.
22783 of 2002.
Very curiously, after his entry into the IPS.,
Ultimately, the Tribunal also referred to the peculiar anomaly caused in this case by the number of juniors of the respondent No.
4650 p.m. special pay of Rs.
It also came to the companyclusion that the Central Government had the power to erase any anomaly caused in fixing the pay of the companycerned officer who had been inducted into the IPS Cadre.
