JUDGMENT

V.S.Sirpurkar, J. —

1. It it an admitted position that the 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. 9.12.1995. At that time, his basic pay in the state cadre was Rs. 4650 p.m. + special pay of Rs. 100. Very curiously, after his entry into the IPS., his pay came to be refixed at Rs. 4250 + special pay of Rs. 200 w.e.f. 1.12.1996.

2. Respondent No. 1 made a representation dated 16.8.1997 to the Accountant General (A&E), Kerala, Thiruvananthapuram for the purpose of removal of the anomaly consisting in the reduction of pay in the IPC cadre vis-à-vis higher pay in the State Police Service. Instead of removing that anomaly, it was reiterated in a communication dated 2.9.1997 received from the Accountant General (A&E), 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 no anomaly at all. Respondent No. 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 fixat