Meghalaya High Court
Vinod Kumar & Ors. vs . Rajiv Gauba & Anr. on 27 January, 2020
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
Serial No. 04
Regular List HIGH COURT OF MEGHALAYA
AT SHILLONG
Cont. Cas (C) No. 34 of 2019
In WP(C) No. 337 of 2016
Date of order: 27.01.2020
Vinod Kumar & Ors. Vs. Rajiv Gauba & Anr.
Coram:
Hon'ble Mr. Justice Mohammad Rafiq, Chief Justice
Appearance:
For the Petitioner/Appellant(s) : Mr. P. Nongbri, Adv.
For the Respondent(s) : Mr. K. Paul, Adv.
This Court while deciding the writ petition filed by the petitioners vide judgment dated 12.04.2019 sufficiently observed that the factom of recruitment of Hindi Translator in BSF, CRPF and ITBF as discussed in paragraphs 5, 6 and 7 providing two stages of pay scales for the posts of Subedar Major (Hindi Translator) and Inspector (Hindi Translator) support the claim of the petitioners and on that note, required the respondents to consider grievance of the petitioners on their representation.
The Director General, Assam Rifles vide order dated 30.08.2019 has decided the representation of the petitioners observing that since the petitioners were appointed on the basis of recruitment under the Rules for Assam Rifles notified vide GSR 198 dated 31.05.2000, any claim for upgradation retrospectively from the date 01.01.1986, prior to approval of Recruitment Rules by the Government, is illogical and baseless as the date of Recruitment Rules have not been amended. It has also been observed that the claim of the petitioners seeking the rank of Inspector and associated pay scale retrospectively w.e.f. 1986 even though the Recruitment Rules of CAPF, which have been quoted by them in their petition for BSF as published vide GSR 98 dated 08.03.2000, is also untenable. However, while disposing of the representation of the petitioners, their matter has been recommended to Government of India for favourable consideration with the following observations at para 15 of the order dated 30.08.2019:-
"15. However, considering the Recruitment Rules of BSF and CRPF and the identical educational qualification of Master's Degree from a recognised University in Hindi or English with English and Hindi as a compulsory or elective subject or as medium of examination at degree level, a consolidated proposal for upgradaton of rank for a combatised Hindi Translator (i.e existing Naib Subedar (Hindi Translator) has been sent to the MHA for consideration of said upgradation of rank of Hindi Translator at par with other CPOs. Said process would take some time and same would be implemented with revised terms and conditions, if approved by the Government and would be applicable for case of the combatised Hindi Translator of Assam Rifles from the date of publication of new Recruitment Rules prospectively."
Having regard to the circumstances, this Court requires the respondents to file response on behalf of the Government of India on the reference made in paragraph 15 (Supra).
The matter to come up on 16.03.2020.
(Mohammad Rafiq) Chief Justice Meghalaya 27.01.2020 "Sylvana PS"