HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12097 of 1999 Date : 03-12-2014 Between:
Shaik Ahmed, No.752080073, S/o.Shaik Meerin, 50 years, Head Constable/Plumber, 2nd Base Hospital, Chandrayangutta, C.R.P.F., Hyderabad – 05 and others … Petitioners and The Union of India, rep. by Secretary, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi – 1. and others … Respondents ORDER:
HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12097 of 1999 This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"To issue a Writ of Mandamus or any other appropriate writ or order or direction in the nature of writ and direct the respondents to act according to law and to extend the pay scales and other service conditions as applicable to Group ‘C’ and ‘D’ Ministerial and General Duty Staff of the Central Reserve Police Force and the Hospital Staff of the Central Government Health Services to the Group ‘C’ and ‘D’ Hospital Staff of the Central Reserve Police Force, including the petitioners w.e.f. the dates they were deprived of the same, with all consequential benefits."
Heard Sri J.V.Prasad, learned counsel for the petitioners and Sri S.S.Varma, learned Additional Standing Counsel for the Union of India, apart from perusing the material available on record.
According to the petitioners, they are working in the Hospitals of the Central Reserve Police Force (for short, ‘CRPF’), which is one of the Central Police Organisations and they were appointed as Civilian Staff in the CRPF and did put in 7 to 24 years of service in the CRPF. In the year 1981, all the Non-combatised Ministerial Staff of the CRPF were asked to opt for combatisation, vide letter of the Government of India, Ministry of Home Affairs, dated 28.02.1981. Several Civilian Ministerial Staff opted for combatisation, whereupon, they were given the benefit of appropriate ranks and other benefits, like, allowances, leave benefits, etc. So far as the Hospital Staff in the CRPF are concerned, option for combatisation was given only after eight years, vide letter of the Union of India dated 19.09.1989. The case of the petitioners is that in such a manner, the Hospital Staff are deprived of the benefits for a period of eight years. It is the further case of the petitioners that all of them opted for combatisation in the year 1989 and are thus Combatised Members of the Force. The grievance, precisely, of the petitioners in the writ petition is that the revision of pay scales of the petitioners and all other similarly placed staff in the CRPF has not been made either in tune with the inflation or in tune with the revision of pay scales made in respect of similarly placed staff working in various hospitals under the Central Government. Contending in the manner indicated supra, the present writ petition has been filed.
A counter affidavit is filed on behalf of the Union of India.
In the considered opinion of this Court, it is a matter which requires examination by the respondent-authorities and for a decision to be taken in accordance with relevant Rules. Therefore, without expressing any opinion on the entitlement of the petitioners, this Court deems it appropriate to permit the petitioners herein to submit a representation to the respondents herein for reddressal of their grievance.
For the aforesaid reasons, this writ petition is disposed of, permitting the petitioners herein to submit representations to the respondents herein for reddressal of their grievance, within a period of one month from the date of receipt of a copy of this order, and if such representations are submitted by the petitioners within the time stipulated above, the respondents shall take appropriate action and pass orders, in accordance with law, within a period of six months thereafter. No order as to costs. As a sequel, miscellaneous petitions, if any pending in this writ petition, shall stand closed.
A.V.SESHA SAI, J Date: 03.12.2014 siva HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12097 of 1999 Date : 03-12-2014 siva