Meghalaya High Court
A.K. Barbuiya And Ors vs The Union Of India And Anr on 23 May, 2014
Author: T Nandakumar Singh
Bench: T Nandakumar Singh
THE HIGH COURT OF MEGHALAYA
WP(C)No.218/2013
1. 352765 HAV/ORL A.K. Barbuiya
2. 354000 HAV/ORL K.K Thakur
3. 354219 HAV/ORL Sanal Kumar
4. 354365 HAV/ORL Anup Singh
5. 354862HAV/ORL Sat Bir Singh
6. 354931 HAV/ORL Mahesh Chand
7. 355055 HAV/ORL M K Khan
8. 355088 HAV/ORL Labh Singh
9. 355850 HAV/ORL Jagat Singh
10. 356241 HAV/ORL Sarbjit
11. 356269 HAV/ORL R K Yadav
12. 356740 HAV/ORL K N Sati
13. 356448 HAV/ORL Shyam Lal
14. 357647 RFN/ORL J S Rathee
15. 357754 RFN/ORL P Kalita
16. 357938 RFN/ORL Madan Gopal
17. 357944 RFN/ORL Vinod Kumar
18. 358013 RFN/ORL Kuldeep Singh
19. 358121 RFN/ORL Shabindra Kumar
20. 358211 RFN/ORL Pradeep Meathi
21. 358230 RFN/ORL Ishwar Singh
22. 358312 RFN/ORL Ganga Singh
23. 358315 RFN/ORL J S Manral
24. 358337 RFN/ORL Dinesh Kumar
25. 358815 RFN/ORL Mahesh Singh
26. 358943 RFN/ORL Tara Chand
27. 5020335 RFN/ORL Sonu Kumar
Page 1 of 12
28. 5020578 RFN/ORL S K Pandey
29. 5020608 RFN/ORL Mehadev Barman
30. 355363 HAV/ORL A K Daimari
31. 356151 HAV/ORL Sudama Sharma
32. 354659HAV/ORL MDS Ansari
33. 357530 RFN/ORL D. Anthony
34. 357581 RFN/ORL R Srikanth
35. 357972 RFN/ORL Harnold C
36. 358153 RFN/ORL Chaman Lal
37. 354311 HAV/ORL Mahinder Singh
38. 358223 RFN/ORL Abdul Hakkim
39. 358558 RFN/ORL Deepak Singh
40. 358150 RFN/ORL Kushal Singh
41. 356175 HAV/ORL S K Pradan
42. 356923 HAV/ORL P K Joshi
The petitioner Nos.1 to 42 are presently
Working with 32nd Battalion, Assam Rifles,
C/o 99 APO, Pin-932032.
43. 357404 HAV/ORL K C Panth
44. 355872 HAV/ORL J Hussain
45. 357146 HAV/ORL Chunni Lal
46. 358096 HAV/ORL Janak Singh
47. 357909 HAV/ORL Nandan Singh
48.357633 HAV/ORL Palvinder Singh
49. 357645 HAV/ORL Rajinder Psd
50. 357657 HAV/ORL Rotash
51. 357851 HAV/ORL Harish Chandra
52. 357677 HAV/ORL Manoj Kumar
53. 357973 HAV/ORL Avdesh Kumar
54. 356983 HAV/ORL H S Joshi
Page 2 of 12
55. 357675 RFN/ORL Rohtash Singh
56. 357636 RFN/ORL Sanjib Kumar
57. 357649 RFN/ORL Subash
58. 357842 RFN/ORL Rajesh
59. 357819 RFN/ORL Kamlesh
60. 358811 RFN/ORL K K Srivastava
61. 358915 RFN/ORL Dinesh Kumar
62. 357651 RFN/ORL Surender Pal
63. 357628 RFN/ORL Ratan Chand
64. 355924 RFN/ORL Jaiprakash
65. 354054 HAV/ORL Unnikrishanan
66. 356959 HAV/ORL Madhav Singh
67. 354245 HAV/ORL G K Pradhan
68. 354536 HAV/ORL A T Dev
69. 357125 HAV/ORL S K Sharma
70. 357684 RFN/ORL J P Singh
71. 358176 RFN/ORL M Nath
72. 357655 RFN/ORL Surender Singh
73. 357847 RFN/ORL Rajib Chand
74. 358109 RFN/ORL Ramesh Kumar
75. 355609 HAV/ORL K G Nair
76. 358106 RFN/ORL Rakesh Kumar
77. 358571 RFN/ORL B Dutt
78. 358624 RFN/ORL N Singh
79. 358860 RFN/ORL B C Rabba
80. 357712 RFN/ORL Shisupal Singh
81. 356248 HAV/ORL Tara Chand
82. 356879 RFN/ORL Robert Tamang
83. 358370 RFN/ORL Johnson PC
The Petitioner Nos. 43 to 83 are presently working with HQ 9 Sector,
DIGAR, C/o 99 APO, Pin- 932556
84. 358890 RFN/ORL Mukesh Kumar
The Directorate General Assam Rifle Meghalaya, Shillong, Pin- 793011
(Common cause of Action). ::::: Petitioners
Page 3 of 12
- Vs -
1. The Union of India, represented by
the Secretary to the Government of
India, Ministry of Home Affairs,
North Block, New Delhi- 110001.
2.The Director General Assam Rifles,
Mahanideshalaya,
(The Directorate General of Assam Rifles)
Shillong, Meghalaya - 793011. ::::: Respondents
BEFORE
THE HON'BLE MR JUSTICE T NANDAKUMAR SINGH
For the Petitioners : Mr. S Deka, Adv.
For the Respondents : Mr. R Deb Nath, CGC
Date of hearing : 23.05.2014
Date of Judgment & Order : 23.05.2014
JUDGMENT AND ORDER(ORAL)
Heard Mr. S Deka, learned counsel for the petitioners and Mr.
R Deb Nath, learned CGC appearing for the respondents.
2. The writ petitioners, 84 in numbers, are working as
Rifleman/Operator Radio and Line and Havildar/Operator Radio and Line i.e.
non gazetted cadre in different units under the Director General of Assam
Rifles.
3. The prayer in this writ petition, jointly filed by 84 petitioners is
for a direction to the respondent authorities to give appropriate rank and pay
Page 4 of 12
scales to the petitioners as per recommendation of the 5th Pay Commission
and Office Memorandum dated 22.01.1998. Learned counsel appearing for
the petitioners Mr. S Deka at the very outset of the hearing strenuously
contended that the present writ petition is squarely covered by the judgment
and order of the Division Bench of the Gauhati High Court dated 22.09.2011
passed in W.A. No.50(SH)2010 filed by the Riflemen/ORL Salvendra Singh
Chauhan against the Union of India represented by (i) the Secretary to the
Govt. of India, Ministry of Home Affairs, North Block, New Delhi: 110001 (ii)
The Director General Assam Rifles Mahanideshalaya, (The Directorate
General of Assam Rifles) Shillong, Meghalaya and (iii) The State Officer 1
(A), Mahanideshalaya, (The Directorate General of Assam Rifles) Shillong,
Meghalaya. It is an admitted case of the parties that the appellant of the said
Writ Appeal No.50(SH)2010 is also a Rifleman/ORL of the same organization
i.e. Assam Rifles, under which the petitioners are presently working as
Rifleman/Operator Radio & Lines and Havilder/ Operator Radio & Lines (for
short 'ORL') as non-gazetted cadre in the different units. It is also the
admitted case of the parties that the petitioners belong to the combatised
category of the Assam Rifles.
4. The 5th Pay Commission setup by the Govt. of India passed a
Resolution dated 30.09.1997 and under Para 7 of the said Resolution, it was
resolved that "in respect of personnel of Central Police Organizations, in the
rank from Constable to Subedar Major, Ministry of Home Affairs will carry out
an exercise for rationalization of ranks so as to achieve parity with Delhi
Police, pending which the scales recommended by the Fifth CPC will be
applied. In pursuance of Para 7 of the said Resolution, the Ministry of Home
Affairs, Govt. of India issued the order that "the President of India is pleased
to rationalize the pre-revised pay scales and replacement pay scales in
Page 5 of 12
respect of the categories of officers in the Central Police Organizations. For
easy reference, the order dated 10.10.1997 is quoted hereunder:-
"No.27012/1/97 PC Cell/PF-1
Government of India,
Ministry of Home Affairs,
New Delhi, the 10th October, 1997.
In pursuance of para 7 of the Ministry of Finance, Department
of Expenditure, Resolution No.50(1)/IC/97 dated 30 Sept.,
1997, the President is pleased to rationalize the rank structure
and pay scales of non-gazetted cadre of Central Police
Organisations. As a result of this exercise the rank of Lance
Naiks and Naiks in the Central Police Organisation will be
merged with the rank of Constables and Head Constables
respectively. Accordingly, the rank structure in the Central
Police Organisations will be as indicated below:-
1. Constable/Security Assistant
2. Head Constable
3. Asstt. Sub-Inspector
4. Sub-Inspector/ACIO-I
5. Inspector/ACIO-I
6. Subedar major
2. The President is also pleased to rationalize the pre-revised
pay scales and replacement pay scales in respect of the above
cadres as indicated below:-
Sl. Rank Structure Rationalised Pre- Replacement pay
revised pay scales scales
No.
1. Constable/Security Rs.950-1400 Rs.3050-70-4590
Assistant
2. Head Constables Rs.975-1660 Rs.3200-85-4900
3. Asst.Sub-Inspector Rs.1320-2040 Rs.4000-100-6000
Page 6 of 12
4. Sub-Inspector/ACIC-II Rs.1640-2900 Rs.5500-175-9000
5. Inspector/ACIC-I Rs.2000-3200 Rs.6500-200-10500
6. Subedar Major Rs.2000-3500 Rs.6500-200-10500
3. The existing lance Naiks and Head Constables in these
Organisations will be allowed a Special Pay/Appointment pay of
Rs. 30/- and Rs. 50/- per month respectively. These personnel
will continue to draw this special pay/Appointment pay till they
are promoted to the next higher grade or till they vacate the
post on attrition.
4. It has also been decided to allow in appointment pay of Rs.
200/- per month to the Subedar Major in the Central Police
organizations.
5. The above orders will be effective from the date of issue.
For the period from 01.01.96 till the issue of this order, the pay
in the revised scale will be regulator in accordance with the
provisions of the Central Civil Service (Revised) Pay Rules,
1997.
6. This issue with the concurrence of Department of
Expenditure vide their UC No. 2130/Director (P)/97 dated 9th
October, 1997 and Integrated Finance Division of MHA vide
their Dy. No. 1670/Fin-III/97 dated 10.10.97.
Sd/-xxxx
(OP Arya)
Joint Secretary to the Govt. of India"
5. The Ministry of Home Affairs, Govt. of India, issued an Office
Memorandum dated 22.01.1998 for fixation of pay on rationalization of pay
scale w.e.f. 10.10.1997 in the Central Para Military Forces and under that
Office Memorandum dated 10.10.1997, the different categories belong to
combatised category, shall be re-designated as ASI in the scale of pay of
Rs.4000-6000/- and as regards with the other categories of HC, in any of
Page 7 of 12
CPMFs, such as HS(RO, Cry) etc., shall continue to be known as HC in the
relevant scale of pay approved by the Govt. The said Office Memorandum
dated 22.01.1998 (Annexure-IV to the writ petition) is quoted hereunder:-
"No.27011/103/97-PF.I/56
Government of India/Bharat Sarkar,
Ministry of Home Affair/Grih Mantralaya,
North Block
New Delhi, the 22nd Jan 98.
OFFICE MEMORANDUM
Subject:- FIXATION OF PAY ON RATIONALISATION OF
PAY SCALE WITH EFFECT FROM 10.10.97 IN
THE CENTRAL PARA MILITARY FORCES.
In the context of certain doubts expressed by the Central
Para Military Forces in fixation of pay of certain non-gazetted
personnel of the CMPFs with effect from 10.10.97, vide order
No.27011/97-PC Cell/PF.I dated 10.10.97, it is hereby clarified
that the orders are equally applicable to all combatised
categories. For example, the HC(RM) will be given the
replacement pay scale of Rs.3200-4900, as provided by the
Government, in the said orders for HCs and will continue to be
known as HC(RM).
2. In the case of HC(RM) Gr.I and Gr.II and HC
(Draughtsman), since the Pay Commission has given the
replacement pay scale of Rs.4000-6000/- in respect of these
three categories of posts in CPMFs, these three categories
may be re-designated as ASI in the scale of pay of Rs.4000-
6000/-. As regards other categories of HC, in any of CMPFs,
such as HC (RO, Cry) etc., these posts will continue to be
known as HC in the relevant scale of pay approved by the
Government.
3. This issue with the concurrence of Integrated Finance
Division of this vide their Dy.No.305/97-Fin.II dated 22nd
January, 1998.
Sd/-xxxx
(Gopinathan)
Desk Officer."
Page 8 of 12
6. The Court, in order to satisfy itself, asked the questions i.e. (i)
as to whether the present petitioners belong to the combatised category; and
(ii) also as to whether the petitioners belong to the members of the Central
Para Military Forces? to the learned counsel appearing for the parties.
Learned counsel for the petitioners Mr. S Deka and Mr. R Deb Nath, learned
senior counsel for the respondents, unanimously replied that the petitioners
belong to the combatised category and they are also the members of the
Central Para Military Forces. Further, the Ministry of Home Affairs, Govt. of
India issued another Office Memorandum dated 03.03.1998 wherein, it is
stated that the said Office Memorandum dated 22.01.1998 is quite clear and
the pre-revised pay scales of the members of the Assam Rifles who belong
to the combatised category should also be revised to the pay scales identical
to the revised pay scales of HC(RM) in BSF and CRPF. The Office
Memorandum dated 03.03.1998 (Annexure-V to the writ petition) is quoted
hereunder:-
"No.27011/103/97-PF
Government of India
Ministry of Home Affairs
New Delhi-110001
Dated:03.03.1998
OFFICE MEMORANDUM
Subject: Fixation of pay on rationalization of pay-scales
with effect from 10.10.1997 in the Central Para
Military Forces.
The undersigned is directed to refer to DGAR's letter
No.A/Para/5th CPC /Vol.III/98 dated 19/8.02.1998 on the
subject cited above.
2. In this connection it may be stated that the orders dated
22.01.1998 are quite clear. If the pre-revised pay scale of
HC(RM) in AR and revised pay-scales are identical to the pay
scales of HC(RM) in BSF and CRPF etc., HC(RM) in AR can
be re-designated as ASI or equivalent in AR.
Sd/-xxxx
(Gopinathan)
Desk Officer."
Page 9 of 12
7. Mr. S Deka, learned counsel for the petitioners by relying on
the Office Memoranda dated 22.01.1998 and 03.03.1998 contended that the
Ministry of Home Affairs, Govt. of India had already clarified that the revision
of pay scale of the petitioners who belong to the combatised category of
Assam Rifles under the 5th Pay Commission should be to the pay scale
identical to the pay scales of HC (RM) in BSF and CRPF etc. and the
categories of posts under Assam Rifles which belong to the combatised
category shall also be re-designated as ASI or equivalent in AR (Assam
Rifles). Learned counsel for the petitioners also submitted that one of the
Riflemen ORL of Assam Rifles, as stated above, had approached the
Gauhati High Court by filing WP(C) No.32(SH)2008 and Writ Appeal
No.50(SH)2010 for extending the benefits of revision of pay scale under the
said Memoranda dated 22.01.1998 and 03.03.1998, which had been quoted
above in extenso to the Rifleman/ORL of Assam Rifles. The Division Bench
of the Gauhati High Court as stated above, had already been allowed the
Writ Appeal No.50(SH)2010 by passing the judgment and order dated
22.09.2011 directing the respondents i.e. the present respondents to give
appropriate rank and pay scale to the petitioner (writ petitioner/appellant) as
per the recommendation of the 5th Pay Commission and Office Memorandum
dated 22.01.1998 (had been quoted above). Against the said judgment and
order of the Division Bench dated 22.09.2011, the respondents filed Special
Leave to Appeal (Civil) being No.6241/2012 before the Apex Court and the
Apex Court had dismissed the Special Leave to Appeal (Civil) vide order
dated 02.07.2012. After the dismissal of the Special Leave to Appeal (Civil),
the respondents had complied with the directions of the Division Bench of the
Gauhati High Court dated 22.09.2011 passed in WA No.50(SH)2010 by
passing an order dated 26.12.2012 (Annexure-XII to the writ petition) which
is quoted hereunder:-
Page 10 of 12
"MAHANIDESHALAYA ASSAM RIFLES
DIRECTORATE GENERAL ASSAM RIFLES
SHILLONG-11.
O R D E R
I.19012/02/0089/Prom-ORL/2012/Adm-I/415 Dated 25 Dec 2012
1. In deference to the Hon'ble Gauhati High Court, Shillong Bench Judgment and Order passed in WA No.50(SH)2010 filed by Rfn./ORL Savendra Singh Chauhan Vs. UOI and others dated 22 September 2011, No.S/358916Y Rfn/ORL Savendra Singh Chauhan of 4 Assam Rifles has been re- designated/upgraded to Havildar.ORL w.e.f. 16 Jun 2001 in the pre-revised pay scale of Rs.3200-85-4900/-.
2. 4 Assam Rifles will publish BRO Part II Order for re- designation/upgradation of above individual to the rank of Havildar/ORL.
Authority: Min of Finance (Expenditure) UO No.19(18)/E.III.B/2012 dt.16 August 2012 and Note Sheet No.I.19012/S S Chauhan/Adm-I/2012 dated 08 Sep 2012.
Sd/-
(J S Yadav) Lt.Col, Offg Col (Records) for Brig (Pers)."
8. In the above factual backdrop, it is clear that the judgment and order dated 22.09.2011 passed by the Division Bench of the Gauhati High Court in Writ Appeal No.50 (SH)2010 shall also squarely cover the case of the present writ petitioners and accordingly, the respondents are directed to give the benefits of the judgment and order of the Division Bench of the Gauhati High Court dated 22.09.2011 to the writ petitioners; and in other words, the respondents shall provide/give appropriate rank and pay scale to the petitioners as per the recommendation of the 5th Pay Commission and Page 11 of 12 Office Memorandum dated 22.01.1998 within a period of 8 (eight) months from the date of receipt of a certified copy of this judgment and order.
9. With the above observations and directions, this writ petition is disposed of.
JUDGE Lam Page 12 of 12