scale of pay of the promotion post. If the incumbent is not qualified, then he will be given the next higher scale of pay in the standard scales of pay prescribed by the Pay Revision Order. The same is applicable to incumbents for whom there is no promotion post at all. Therefore, the respondents herein are eligible for the next higher scale of pay in the standard scales of pay, in the absence of a promotion post to them. In the case of the respondents, the next higher scale in the standard scale of pay was Rs.4500-7000/-. It was the scale of pay applicable to Assistant Sub Inspectors. But, they were wrongly granted the second Higher Grade in the scale of pay of Rs.5000-8150/-, which is the scale of pay applicable to Sub Inspectors. When the said mistake was noticed, action was taken to recover the excess amount. We find nothing illegal or irrational with the action taken by the appellants in this regard. But, the learned counsel for the respondents would point out that the respondents are similarly placed persons like Band Police Constables who got second Higher Grade in the scale of pay applicable to Sub Inspector of Police. So, this is a clear case of discrimination and the learned Single Judge granted the relief finding this discrimination, it is submitted. But, we notice that for a Band Police Constable, the first promotion post is that of Band Head Constable and the second promotion post is that of Band Sub Inspector of Police. There is no post like Band Assistant Sub Inspector of Police. So, in accordance with
