JUDGMENT :

C.HARI SHANKAR, J.

W.P.(C) 7169/2018

Facts, and the challenge before the Central Administrative Tribunal, [“the Tribunal” hereinafter]

1. The respondent is an officer of the Indian Police Service, IPC of 1977, belonging to the AGMUT, [Arunachal Pradesh, Goa, Mizoram and Union Territories] cadre. Consequent on the approval of the Appointments Committee of the Cabinet, [“ACC”, hereinafter], the respondent, along with 36 other 1977 batch IPS officers were empanelled “to hold Director General of Police,[“DGP” hereinafter]/equivalent level post in the Centre”, on 30 December 2010. In the said panel, the respondent figured at S. No. 5, whereas P.K. Mehta, also a 1977 batch IPS officer, figured at S. No. 31.

2. Following empanelment, orders of promotion of the empanelled officers came to be issued. Vide order dated 19 May 2011, P.K. Mehta was promoted as DG of the Railway Protection Force,[“RPF” hereinafter] in the apex pay scale of Rs. 80,000/-. As against this, the respondent, who, as already noted, was at S. No. 5 in the panel for promotion to the post of Director General of Police or equivalent level post was posted on deputation as DG (Investigation) in the National Human Rights Commission,[“NHRC”, hereinafter] in the scale of Rs.75,500-80,000/-.

3. The respondent assumed charge of the post of DG (Investigation) in NHRC on 7 December 2012. Vide order dated 13 December 2012, addressed to the Ministry of Home Affairs,[“MHA”, hereinafter] the NHRC intimated that the deputation of the respondent would continue till the date of her superannuation on 31 October 2014.

4. The NHRC wrote to the MHA on 16 April 2014, for grant, to the respondent of the apex scale of Rs. 80,000/-. The MHA, however, vide response dated 6 May 2014, rejected the request, observing that the pay scale of DG (Investigation) was Rs. 75,500-80,000/-, whereas the pay scale of DG of the RPF was the apex scale of Rs. 80,000/-. The communication advised that the proposal to upgrade the scale of DG (Investigation) in the NHRC to Rs. 80,000/- could be placed before the 7th Central Pay Commission,[“7th CPC”, hereinafter] . The respondent represented to the MHA, protesting against the grant, to her, of a lower scale of Rs. 75,500-80,000/- (HAG + Scale), even while P.K. Mehta, who was much lower than her in the panel dated 30 December 2010, had been appointed as DG of the RPF in the scale of Rs. 80,000/-.

5. The MHA did not condescend to reply to the respondent who, therefore, approached the Tribunal by way of OA 3171/2015, [Kanwaljit Deol v UOI] in which the order under challenge has come to be passed.

6. The respondent claimed, before the Tribunal, the apex scale of Rs. 80,000/- w.e.f. 7 December 2012, when she joined the NHRC as DG (Investigation). She relied on earlier decisions passed by the Tribunal itself in OA 823/2012,[R.N. Ravi v UOI, decided on 10 May 2012] and OA 1722/2012,[O.P.S. Malik v UOI, decided on 29 May 2012]. The respondent also sought re-fixation of her pension on the basis of the said apex pay scale of Rs.80,000/-, as she had retired from the post of DG (Investigation) on 31 October 2014.

7. The NHRC, in its counter affidavit filed before the Tribunal, supported the case of the respondent and submitted that it had, in fact, sent a detailed proposal to the MHA, seeking upgradation of the post of DG (Investigation) to Rs. 80,000/-.

8. The MHA, in its counter affidavit, filed before the Tribunal, acknowledged and admitted that the names in the panel dated 30 December 2010 of the MHA were listed in order of seniority. It was also admitted, specifically, that P.K. Mehta was junior to the respondent.

9. The fact that R.N. Ravi, a 1976 batch IPS officer and O.P.S. Malik, a 1975 batch IPS officer, had challenged the grant of the apex scale of Rs. 80,000/- to P.K. Mehta by way of OA 823/2012 and OA 1722/2012, both of which have been allowed by the Tribunal, was also acknowledged. It was further admitted that the judgments of the Tribunal in the cases of R.N. R