Article 14 query
amit
(Querist) 09 May 2015
This query is : Resolved
I am group A gazzetted civillian Officer at MOD. In my department our posts are being held in lieu of combatant Officers since 1943 while in 2006 dopt released an order that in next 2 all in lieu vacancies to be organised. As much as the work content is concerned we as a civillian Officer does everything same as combatant Officers except the morning pt, games and combat training which all are occasional. Still there is huge difference in promotion and salary compensation between us. They have time scale promotions while we have vacancy based promotion. Considering all these can we invoke article 14 in this case for equal work equal pay.
Sudhir Kumar, Advocate 
(Expert) 10 May 2015
No this may not work. Had this been possible then AFHQ officers would have done long back who are intense and successful litigants.
Dr J C Vashista
(Expert) 10 May 2015
@ Amit,
1. How can you compare the duties of an armed forces commissioned officer with a civilian gazetted officer, in any manner including drills, PT, games, training which you say "all occasional?"On the other hand all these are a daily (routine) and continuous affair for a combatant.
Do you agree that the fundamental rights of an armed forces (combatant) officer are suspended right since the day the officer passes out of the Academy? Conversely a civilian gazetted officer enjoys all his/ her fundamental rights except when s/he is governed under the provisions Army/Air Force/Navy Act (i.e., during war times only).
The civilian gazetted officer can question his/her posting to non-family station, whereas, there is no room for an Armed Forces Commissioned Officer, isn't it?
There are number of other vital differences in the subject matter.
Before debating the issue further put yourself in the shoes of Combatant personnel and get ready for a selfless service and supreme sacrifice for the nation, wherein "NATION COMES FIRST".
However, you should move to the Court for bringing parity among the officers.
amit
(Querist) 10 May 2015
@Dr Varshita : I do agree that nation comes first and that is what I considered when I joined service even though being among the top ranked in the entrance exam. But as my post is being kept in lieu, it is denying me benefits of what other group A post have like organized cadre, 10000 grade pay, TIME based promotion etc. So is there a case to move to court to give direction to department to settle these issues.
Rajendra K Goyal
(Expert) 10 May 2015
The matter is administrative to be resolved through government / ministry decision. Case under article 14 may not succeed.
Guest
(Expert) 10 May 2015
Mr. Amit,
In fact, you have been put on advantageous position by taking undue advantage of existence the vacant posts meant for combatant officers, instead of posts justified for civilians. You should be thankful to the Government that you people have been provided employment on such posts, just to unduly fill up these posts.
Difference of pay and allowances, normally are justified on the arduous nature of duties allocated or required to be discharged by the incumbents of the posts.
You should also know that the Government also have the authority to convert or downgade the posts in to any cadre/ scale of pay by giving appropriate justification or even abolish those posts, where incumbents have been posted for duties and responsibilities other than prescribed for the posts.
Even if that comes to the notice of the audit party of the CAG that the combatant officers are no more required but posts have been filled by some other type of incumbents, the expenditure can be treated as waste of public funds in the shape of Government revenue and can tend to abolition of posts.
A simple question arises, if you are sent to the field to fight with the enemy like combatant officer, would not you raise the issue that you are civilian, why you are asked to go for fighting in place of combatant officers?
So, you should not have equated your duties and responsibilities with the combatant officers and cannot also ask for pay parity with combatant officers.
However, if not satisfied with your present position and promotional avenues, you may better take deputation and get absorbed in some other department to secure your future.
Sudhir Kumar, Advocate
(Expert) 10 May 2015
Agreeing with Mr Dhingra I would add that probably you have a grievance of not getting proper grade pay and you are choosing a futile path for the same.
I reiterate
Had this been possible then AFHQ officers would have done long back who are intense and successful litigants.
Dr J C Vashista
(Expert) 11 May 2015
Dear Amit,
You have changed stance of your query. Earlier you wanted to equate with combatant armed forces commissioned officers in grade pay, military service pay etc. (which have started with 6th CPC & nothing as such existed till 5th CPC), and now you wanted to be equal in grade pay @ Rs. 10,000/- as being allowed in other organized cadre group A officers.
You will agree it is the Central Pay Commission which recommends the pay & allowances of central government employees whereas other organized sector is "out of the preview of CPC" and being decided separately.
However, you may move to the court for bringing parity in grade pay, where I (personally) feel you may have to return blank.
T. Kalaiselvan, Advocate
(Expert) 11 May 2015
The reason for this difference is that both the combatant and the civilian officer are governed by different set of rules which cannot be compared to each other with the given nature, hence there is no reason for you to be aggrieved over it. Therefore no opinion can be given to your query.
Sudhir Kumar, Advocate
(Expert) 12 May 2015
You have not understood root cause of your problem.
I will not discuss the same on open forum.
You are allowed to contact me on PM.
