9911796707
TMI Blog1995 (4) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... notified the Border Security Force (Seniority, Promotion and Superannuation of officers) Rules, 1978. It has also notified the Border Security Force Rules of 1969. Under Rule 9 of the Border Security Force (Seniority, Promotion and Superannuation of officers) Rules, 1978, it is provided as follows:- 9. (Superannuation) - Retirement age of officers holding a rank higher than that of Commandant shall be fifty eight years; and for officers of the other rank it shall be fifty five years.Provided that. . It is contended by the respondent that at all material tunes, he was holding the post of Commandant (Selection Grade) which, according to him, is a rank higher than that of a Commandant. Hence his age of retirement is 58 years under Rule 9. On the other hand, the appellants contend that a Commandant (Selection Grade) holds the same post as a Commandant. Hence the retirement age for the respondent is 55 years. Accordingly, the appellants sought to retire the respondent on his attaining the age of 55 years. This was challenged by the respondent in the above writ petition where his contentions have been upheld. We have to consider whether a Commandant (Selection Grade) can be co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posts of Commandants in the Selection Grade of ₹ 1800 fixed; the quantum of special pay and compensatory allowance then admissible and conditions therefore would remain unchanged. The above 123 posts were in lieu of the existing 123 ordinary posts of Commandant in the Border Security Force. The letter also accepted upgradation of various other posts which are not relevant here. As a result, instead of the existing 123 ordinary posts of Commandants, 123 posts of Commandants (Selection Grade) came into existence. The pay scale which was sanctioned was a fixed pay of ₹ 1800 as against the pay scale of ₹ 1200-1700 fixed for a Commandant. The pay scale has been subsequently revised to ₹ 4100-5300 for a Commandant and ₹ 4500-5700 for a Commandant (Selection Grade). In 1990 there was a second cadre review for Group 'A' posts as a result of which the number of posts of Commandant (Selection Grade) were increased to 185. The revised cadre strength is set out in paragraph 2 of the communication dated 26 of June, 1990 from the Government of India, Ministry of Home Affairs to the Director General, Border Security Force. The material portions of para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is not possible to hold that for the purpose of Rule 9 of the Border Security Force (Seniority, Promotion and Superannuation of officers) Rules, 1978, a Commandant (Selection Grade) holds a post higher in rank than that of a Commandant in order to get the benefit of a higher age of superannuation. To attract Rule 9, the post must be a post higher than that of a Commandant, with higher responsibilities and higher pay scale and not the same post with a higher pay scale. The respondent has, however, relied upon certain other provisions of the said Rules in support of his contention that Commandant (Selection Grade) is a post which is higher in rank than that of a Commandant. He has drawn our attention to Rule 6 of the Boarder Security Force (Seniority, Promotion and Superannuation of officers) Rules, 1978 as amended by the Border Security Force (Seniority, Promotion and Superannuation of Officers) Amendment Rules, 1989. Rule 6 deals with the eligibility of officers of promotion. Sub-rules (4) and (5) of Rule 6 are as follows:- 6(4) - A Commandant, who has put a minimum of two years service in the rank of Commandant and has put in a minimum sixteen years Group 'A' se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her rank in the seniority list thereby occupies a higher post. In our view, Rules 3, 6 and 7 must be read in the context of a selection grade providing promotion to a higher pay scale in the same post. These Rules are consistent with the interpretation of a Selection Grade post as granting the benefit of higher pay to the officers holding the same post. Rule 9 provides a hierarchy of posts. Holders of all posts upto and including the level of Commandant retire at the age of 55 years. Holders of posts above that of a Commandant retire at the age of 58 years. In order to decide whether a post is either equivalent or is higher or lower than another post, one cannot look only at the pay scale for that post. One must also look at the duties and responsibilities that attach to such posts. In the case of Lalit Mohan Deb and Ors. v. Union of India and Ors., [1963] 3 SCC 862 this Court considered the position of Assistant in the Civil Secretariat, Tripura as against the position of Assistant (Selection Grade). This Court held that the administration can provide two scales of pay in the same category of posts. Provision of Selection Grade in the same category of posts is not a new thin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is reduction in rank under Article 311(2) by transfer from one post to another post. In this connection the High Court has emphasised that posts carrying different designations and different duties may be considered equivalent in rank if they are in the same pay scale. In this context pay scale may be a good yardstick for measuring ranks. But this has no application to selection grade posts. Because the creation of a selection grade in the same post stands on a very different footing. By its very nature a selection grade provides a higher pay or a higher pay scale in the same post. The beneficiary of a selection grade does not thereby occupy a post which is higher in rank than the post earlier occupied by him. It is also pointed out by the appellants that if a selection grade is considered as a different post of a higher rank, and a higher age of retirement is prescribed for a Selection Grade post, that would defeat the very purpose of creating such posts. A higher retirement age would add to stagnation at that level and block promotions for others. The appellants have also relied upon a direction issued by them on 17th of September, 1981 in which it is pointed out that an off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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