The impugned order of regulation/revision of pay, based on a cancelled government letter, was non-est in the eye of law, and the court directed the respondents to refix the petitioner's pay and revise his pension accordingly.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the fourth respondent, the order of regulation/revision of pay passed in R.C.No.S2/4997/2019, dated 13.03.2019 and quash the same and further direct the respondents to refix the petitioner''s pay with increment notionally from 01.10.2018 as Rs.54,100/- and thereby revise his pension.)

1. The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order of regulation/revision of pay passed in R.C.No.S2/4997/2019, dated 13.03.2019 by the fourth respondent and quash the same and further direct the respondents to refix the petitioner''s pay with increment notionally from 01.10.2018 as Rs.54,100/- and thereby revise his pension.

2. Heard Mr.T.S.Mohamed Mohideen, learned counsel appearing for the petitioner, Mr.N.Muthu Vijayan, learned Special Government Pleader appearing for the respondents 1 to 4, 6 & 7 and Ms.S.Mahalakshmi, learned Standing Counsel appearing for the fifth respondent and perused the materials available on record.

3. The petitioner was appointed as Grade II Police Constable on 17.11.1988 with a basic pay of Rs.505/-. Later he was promoted as Grade I Police Constable, Head Constable and Special Sub-Inspector of Police on 01.10.1999, 28.10.2004 and 01.10.2013 respectively. The petitioner retired under voluntary retirement scheme on 31.01.2019. The petitioner made a representation before the fourth respondent to pay his increment as on 01.10.2018. However, the impugned regulation/revision of pay dated 13.03.2019 was passed by the fourth respondent.

4. The impugned order, dated 13.03.2019 is based on a Government Letter in No.39839/Police V / 07-3, dated 24.08.2007, by which, clarification was given by the Department of Home (Police V), Secretariat, Chennai – 9 and the same reads as follows:-

“I am directed to refer to your letter cited wherein it has been requested to clarify as to whether the Police Personnel who are upgraded as Grade I Police Constable may be permitted to exercise their option to fix their pay till the date of accrual of the next increment under FR 22(1) a(i) in the lower rank or whether their pay may be fixed under relevant rules from the date of their actual date of upgradation. In this connection, I am directed to state that Grade II Police Constables who have completed 10 years of service as on 20.10.2004 are deemed to have been upgraded and not promoted with reference to any panel. Therefore, their pay shall be fixed under FR 22-B straightaway on that date itself without getting any option.”

5. The said Government Letter, dated 24.08.2007 has been cancelled on 06.02.2019 by the first respondent vide Letter M.S.No.83, dated 06.02.2019 and the relevant portion of which is extracted as follows:-

“2.I am to state that in your letters cited, it has been stated that the police personnel who were appointed as Grade II Police Constables in the year 1981, 1982, 1984 and 1985 and upgraded as Special Sub Inspector of Police in Thoothukudi have given representations that their Juniors who were appointed as Grade II Police Constables in the year 1986 and upgraded as Special Sub-Inspector of Police are getting more pay than these police personnel and requested for pay rectification, and it is verified that, they are eligible for fixation of pay on par with their Juniors. For the Police Constables who were upgraded in the year 1994, their pay was fixed based on their option in pay fixation. It has also been requested to clarify from which date the clarification given by Government viz, letter dated 24 08.2007 may be given effect.

3. In this regard, I am to state that, generally in most of the cases where the posts have been upgraded to next category, fixation under FR.22(B) including exercising option under 8th proviso i