UNION OF INDIA versus T.M. SOMARAJAN & OTHERS

UNION OF INDIA versus T.M. SOMARAJAN & OTHERS

After entering into IPS cadre from State Cadre Service, pay of such officer should not be reduced, and the initial pay should be fixed in IPS Cadre on the basis of the pay drawn in non-IPS cadre as confirmed Superintendent of Police, without applying restrictive definition of 'higher scale', so as to remove the anomaly of juniors getting higher pay.

Parties
Appellant: Union of India; Respondents: T.M. Somarajan & Others
Jurisdiction
India
Judgment Date
21 October 2009
Procedural Posture
Civil Appeal / Final Determination of Appeal and Connected Slps
Outcome
Appeal and Special Leave Petitions dismissed
Legal Topics
Pay Fixation, Appointment to IPS Cadre, Reduction of Pay After Induction, Removal of Pay Anomaly
Service Law Pay Fixation Appointment to IPS Cadre Reduction of Pay After Induction Removal of Pay Anomaly

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Parties

Union of India

Appellant

T.M. Somarajan & Others

Respondents

Procedural Posture

Civil Appeal / Final Determination of Appeal and Connected Slps

Legal Issues

  1. 1 Whether pay of an officer inducted from State Police Service to IPS cadre can be reduced below the pay drawn in the previous service
  2. 2 Entitlement to have pay fixed in IPS cadre based on pay drawn as confirmed Superintendent of Police (State Cadre)
  3. 3 Interpretation of expression 'higher scale' in IPS Pay Rules, 1954

Ratio Decidendi

After entering into IPS cadre from State Cadre Service, pay of such officer should not be reduced, and the initial pay should be fixed in IPS Cadre on the basis of the pay drawn in non-IPS cadre as confirmed Superintendent of Police, without applying restrictive definition of 'higher scale', so as to remove the anomaly of juniors getting higher pay.

Court Disposition

Appeal and Special Leave Petitions dismissed

Orders

  • Orders of Tribunal and High Court upheld
  • Union of India directed to pay benefits to respondent No.1 within six months