Judgment-

PATHAK

( 1 ) THE petitioners are Radio operators Grade-III (Naik) in the Signals branch of the Central Reserve Police Force. They complain that under the Central Civil Services (Revised Pay) Rules, 1973 they have been placed in the pay scale of Rs. 225-308 when they were entitled to the pay scale of Rupees 260-430.

( 2 ) WHEN the writ Petition came on for hearing in the first instance, a Bench of the Court made an order on 19/12/1979 providing an opportunity to the petitioners to put in a representation before the Government and requiring the Government to dispose of the representation. The petitioners did make representation and the Government considered it but the relief claimed by the petitioners was denied. In accordance with the further directions contained in the order dated 19/12/1979 this writ petition has now come on for consideration on its merits.

( 3 ) 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 ). The petitioners say that Naik Radio Operators are appointed either by direct recruitment, in which case the candidate is required to be a Matriculate or its equivalent, or by promotion from the rank of Constable, in which case the Constable should have passed the Radio Operators Grade-III course. Originally, members of the Central Reserve Police Force of the rank of Naik enjoyed the pay scale of Rs. 85-110, and Naik Radio operators were given a special Pay of Rs. 30. 00 in view of their special qualifications and the specialised nature of their duties. By its order dated 23/04/1970 the Central Government appointed the Third Pay Commission to make recommendations in regard to the structure of the emoluments and the conditions of service of different classes of Central Government employees. The Commission submitted its final report to the Central Government on 31/03/1973. Paragraph 30 of Chapter 29 of Part I of Volume 2 contains the recommendations in respect of Radio Mechanics in the Central Reserve Police Force. It states:-

30. Post of Radio Mechanic, Grade I in the CRP and Sub-Inspector (Radio Mechanic) in the BSF are on the scale of Rs. 150-10-290-15-380, but the Diploma-holders are given the scale of Rupees 180-10-290-15-:380. We recommend for these posts the scale of Rs. 380-560 but the Diploma-holders working on these posts should be remunerated on the scale of Rs. 425-700. Below this level posts of Radio Mechanic, Grade II and the Radio Operators are on the scale of Rs. 150-10-210 or on the scale of Rs. 125-3-131-4-155 with a special pay of Rs. 35 per month and we recommend that these posts should be given the scale of Rupees 330-480. For the posts of Radio Fitter on the scale of Rs. 125-3-131-4-155 we recommend the scale of Rs. 320-400. "

( 4 ) ADMITTEDLY, no reference has been made therein to Radio Operators Grade III (Naik ). Following the recommendations of the Third Pay Commission the Central Government framed the Central Civil Services (Revised Pay) Rules, 1973 which came into force on 1/01/1973. The petitioners exercised their option in favour of the revised pay scales. They were paid a salary of Rupees 250 with a special pay of Rs. 30 from January, 1975 for a few months, together with arrears an that basis for the years 1973 and 1974. The petitioners accepted the revised pay and special pay although, they say, it fell short of the pay to which they were entitled. Subsequently, in April, 1975, the petitioners were placed in the revised pay scale 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.

( 5 ) AGGRIEVED by the refixation of their pay and the deduction of the excess already paid, they have filed the present writ petition.

( 6 ) SO far as the deduction is concerned, this Court has already directed by its order dated 19/12/1979 that the Gove