Meghalaya High Court
2025:Mlhc:182-Db vs Union Of India on 18 March, 2025
Serial No.01 2025:MLHC:182-DB
Daily List
HIGH COURT OF MEGHALAYA
AT SHILLONG
W.A. No.12 of 2023 Date of CAV :20.02.2025
Date of Decision:18.03.2025
1. 5019623, Hav (Clk), Prem Singh
2. 5015473, Hav (Clk), Vinaya Kumar G
3. 5015565, Hav (Clk), P C Zoram Chhana
4. 5019291, Hav (Clk), Ajab Singh
5. 5021040, Hav (Clk), Sangluaia
6. 5025269, Hav (Clk), Aonugshi Jamir
7. 5025338, Hav (Clk), Amarjit Singh
8. 5025356, Hav (Clk), Pankaj Kumar
9. 5025358, Hav (CIk), Avanish Kumar
10. 5025403, Hav (CIk), Umesh Kumar
11. 5027597, Hav (Clk), Dinesh Chauhan
12. 5021056, Hav (Clk), Rajendra Kumar
13. 5025405, Hav (Clk), Jay Karan
14. 5025300, Hav (Clk), Kamlesh Kumar
15. 5015022, Hav (Clk), Rajindra Kumar
16. 5015625, Hav (CIk), Devendra Chauhan
17. 5025396, Hav (Clk), Samar JoytiBoro
18. 5027705, Hav (Clk), Hari S Das
19. 5028459, Hav (Cik), Vinay Yadav
20. 5018017, Hav (Clk), Solomon Lalropui Hmar
21. 5022863, Hav (Clk), Gyanendra Kumar
22. 5022949, Hav (Clk), Omkar Nath Sharma
23. 5025351, Hav (Clk), Ashvani
24. 5020999, Hav (Clk), Anil Kumar
25. 5021022, Hav (Clk), Sagolshem Ajit Singh
26. 5021416, Hav (Clk), Ravi Sharma
27. 5025378, Hav (Clk), Sanjoy Singha
28. 5025384, Hav (Clk), Jitendra Kumar
29. 5025401, Hav (Clk), Surjeet Singh
30. 5025582, Hav (Clk), Shyam Lal
31. 5025590, Hav (CIk), Jitendra Singh
32. 5025595, Hav (Clk), Mukesh Kumar
33. 5027733, Hav (CIk), Keisham Herachandra Singh
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34. 5028466, Hav (Clk), Shivan Upadhya
35. 5020805, Hav (Clk), Ashish Kumar
36. 5018086, Hav (CIk), Girish G
37. 5021009, Hav (Clk), Y Mhonyoma Tungoe
38. 5025363, Hav (Clk), Jintu Mani Das
39. 5025575, Hav (Clk), Manas Borah
40. 5027739, Hav (Clk), Vishal Kumar Singh
41. 5028467, Hav (Clk), Bikash Nayak
42. 5028473, Hav (CIk), Sangey Tamang
43. 5021031, Hav (Clk), Modi Ram Gurjar
44. 5022808, Hav (Clk), Imran Alam
45. 5025380, Hav (Clk), Lucky Kumar
46. 5027794, Hav (CIk), Vishal Kumar Sharma
47. 5016974, Hav (Clk), Ashok Kumar
48. 5023027, Hav (Clk), N Khatnei
49. 5023402, Hav (Clk), Devendra Singh
50. 5025268, Hav (Clk), Vijay Kumar Sharma
51. 5025532 Hav (Clk), Laishram Sanathoisingh
52. 5027666, Hav (Clk), Gagan Kumar Tiwari
53. 5028487, Hav (Clk), Sinruwg Welngam Anal
54. 5028488, Hav (Clk), Sarabindu Ghosh
55. 5021005, Hav (Clk), Mithilesh Prasad
56. 5021078, Hav (Clk), Gaurav Yadav
57. 5025362, Hav (CIk), Hemant Kumar Thapa
58. 5025376,Hav (Clk), Waikhom Malempunba Meitei
59. 5027683, Hav (Clk), Jitendra Kumar
60. 5016745, Hav (Clk), Roshan Thapa
61. 5020007, Hav (Clk), Anatha Krishna MR
62. 5020863, Hav (Clk), Pamleiyo Hayam
63. 5021087, Hav (Clk), Chandrakesh Mishra
64. 5025387, Hav (Clk), Devendra singh
65. 5027691, Hav (Clk), Amrendra Kumar
66. 5028493, Hav (Clk), Pankaj Kumar
67. 5015255, Hav (Clk), Anil Kumar
68. 5021104, Hav (Clk), Rahul Roa
69. 5022783, Hav (Clk), Surjeet Kumar
70. 5025347, Hav (Clk), Hajari Singh
71. 5027701, Hav (Clk), Mukesh Yadav
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72. 5028495, Hav (CIk), Jitendra Signh
73. 5028502 Hav (Clk),Longshithung Yanthan
74. 5015225, Hav (Clk), Y Chalamba Kumar Singh
75. 5016614, Hav (Clk), Dhanajoy Barhma
76. 5016779, Hav (Clk), Chandan Kumar Singh
77. 5017111, Hav (Clk), Deepak singh Rana
78. 5018198, Hav (Clk), Pankaj Choudhary
79. 5021442, Hav (Clk), Surender Singh Kholiya
80. 5025374, Hav (Clk), Nandigam Lingaraju
81. 5027803, Hav (Clk), Suraj Kumar Shah
82. 5028518, Hav (Clk), Vinayak Belgundkar
83. 5016797, Hav (Clk), Vikash Rai
84. 5019012, Hav (Clk), Bimal Gorain
85. 5020050, Hav (CIk), Amit Thripathi
86. 5021094, Hav (Clk), Abhaya Kumar Choudhary
87. 5022922, Hav (Clk), Medo Angami
88. 5027592,Hav (Clk),Santosh Kumar Pandit
89. 5028524, Hav (Clk), Suraj Rai
90. 5016637, Hav (Clk), Shyam Kumar Chhetri
91. 5019669, Hav (Clk), Abraham Kez
92. 5027696, Hav (Clk), Satrughan Singh
93. 5028397, Hav (Clk), Rohit Kumar
94. 5022851, Hav (Clk), Sujay Das
95. 5023328, Hav (Clk), Vishal Polhrel
96. 5016801, Hav (Clk), Prem Kumar Chhetri
97. 5017024, Hav (Clk), Govind Kumar
98. 5017281, Hav (Clk), Suman Newar
99. 5019645, Hav (Clk), Praveen Kumar
100. 5020645, Hav (Clk), Samir Khati
101. 5023023, Hav (Clk), Vaibhav Yadav
102. 5025331, Hav (Clk), Nijardhan Swargiary
103. 5025333, Hav (Clk), Md. Jahangir Raza
104. 5025359, Hav (Clk), Bittu Pradhan
105. 5027635, Hav (Clk), Mihir Kumar Das
106. 5017544, Hav (Clk), Ronal Tamang
107. 5018105, Hav (Clk), SK Hasanuzzaman
108. 5019097, Hav (Clk), Jitendra Sharma
109. 5019504, Hav (Clk), Narendra Singh Bhandari
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110. 5021091, Hav (Clk), Raju Shill
111. 5025322, Hav (Clk), Sunny Rai
112. 5025386, Hav (ClK), Jaideep Singh Negi
113. 5027641, Hav (Clk), Nitin Rajauriya
114. 5018167, Hav (Ck), Dipankar Biswas
115. 5019642, Hav (Clk), Harish Chandra
116. 5017280, Hav (CIk), Hasnain Ali
117. 5020927, Hav (Ck), Pronot Chakma
118. 5025250, Hav (Clk), Anil Kumar Kaunr
119. 5025252, Hav (Clk), Dharmeshwar Goyary
120. 5025265, Hav (Clk), Ravi Thakur
121. 5025408, Hav (Clk), Rahul Yadav
122. 5027645, Hav (Clk), Amit Kumar Dubey
123. 5020997, Hav (Clk), Jarnail Singh
124. 5021090, Hav (Clk), Ombir
125. 5023385, Hav (Clk), Tripurari Mishra
126. 5021048, Hav (Clk), Janak Bahadur Sunar
127. 5025349, Hav (Clk), Naveen Kumar
128. 5025407, Hav (Clk), Bhagavati Prasad Yadav
129. 5027729, Hav (Clk), Satish Kumar
130. 5028546, Hav (Clk), Ojha Ajit Kumar
131. 5028547, Hav (Clk), Gobin Kumar Chhetri
132. 5020913, Hav (Clk), Suraj Debbarma
133. 5021075, Hav (Clk), Krishna Kukreti
134. 5022775, Hav (Clk), Rajan Rai
135. 5018955, Hav (Clk), Som Bir
136. 5025260, Hav (Clk), Alezo Keyie
137. 5025263, Hav (Clk), Rakesh Sinha
138. 5025270, Hav (Clk), A Nil Chandra Singha
139. 5025280, Hav (Clk), Gouminsang Gangte
140. 5025345, Hav (CIk), Rahul Kumar
141. 5025361, Hav (Clk), Sachin Nandal
142. 5025394, Hav (Clk), Vijai Kumar Darjee
143. 5025567, Hav (Clk), Prateek Rai
144. 5027742, Hav (Clk), Rakesh Okram
145. 5020291, Hav (Clk), Jitendra Singh
146. 5020872, Hav (Clk), Khamsuanlien Zou
147. 5021043, Hav (Clk), Parveen Kumar
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148. 5021046, Hav (Clk), Sombir
149. 5021061, Hav (Clk), D KatanouThangal
150. 5027780, Hav (Clk), Kolambe Hukumchand
151. 5028548, Hav (Clk), Son Singh Rawat
152. 5021000, Hav (Clk), Jay Singh
153. 5022802, Hav (Clk), Sambu Basfor
154. 5022815, Hav (Clk), Gurmehar Singh
155. 5025402, Hav (Clk), Jinu Vijay K
156. 5015666, Hav (Clk), Vikash Kumar Singh
157. 5017698, Hav (Clk), Raju Khuraijan
158. 5019404, Hav (Clk), Namin Kumar
159. 5019655, Hav (Clk), Anil Kumar
160. 5023010, Hav (Clk), Durga Bahadur Chhetri
161. 5025264, Hav (Clk), Vijay Kumar Singh
162. 5025290, Hav (Clk), Prakash Tamang
163. 5025330, Hav(Clk), Abujam Kiran Kumar Singh
164. 5025340, Hav (Clk), Udaybeer Singh
165. 5025392, Hav (Clk), Shubham Singh
166. 5027827, Hav (Clk), Barun Tiwari
167. 5017041, Hav (Clk), Manjeet Kumar
168. 5021065, Hav (Clk), Yumnam Henba
169. 5025364, Hav (Clk), Bachiter Singh
170. 5025397, Hav (Clk), A Rishikanta Singh
171. 5025406, Hav (Clk), Sanjay Kumar Paswan
172. 5025577, Hav (Clk), Jakir Husen
173. 5020105, Hav (Clk), Mukesh Kumar Sharma
174. 5021011, Hav (Clk), Sunil Yadav
175. 5021073, Hav (Clk), Minduboyiha Santhosh K
176. 5023401, Hav (Clk), Prakash Kumar Jha
177. 5027790, Hav (Clk), Bishwas Kumar
178. 5028552, Hav (Clk), Ravindra Kumar
179. 5028553, Hav (Clk), Pranab Kumar Mandal
180. 5016814, Hav (Clk), Mukesh Kumar Thakur
181. 5017285, Hav (Clk), Sanjay Thapa
182. 5018176, Hav (Clk), Umesh Kumar
183. 5019282, Hav (Clk), Banty Kr. VaidBalmiki
184. 5021070, Hav (Clk), Bhuban Singh Mehra
185. 5022895, Hav (Clk), Pooran Singh
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186. 5025301, Hav (Clk), Kazipsing Makan
187. 5017035, Hav (Clk), Gajendra Singh
188. 5021047, Hav (Clk), Anoop kumar Joshi
189. 5014916, Hav (Clk), Rakesh Singh
190. 5020039, Hav (Clk), Niraj Singh
191. 5023071, Hav (Clk), Ningthoujam Ibomcha Singh
192. 5025285, Hav (Clk), Deepak Kumar Balmiki
193. 5025346, Hav (Clk), Kishore Das
194. 5025409, Hav (Clk), Dhruva Singh
195. 5025563, Hav (Clk), Ramesh Chhetri
196. 5028555, Hav (Clk), Sarabjit Singh
197. 5028560, Hav (Clk), T Rengneising
198. 5023005, Hav (Clk), Abdul Kadir Ansari
199. 5023325, Hav (Clk), Botovi S
200. 5025248, Hav (Clk), Cornelius Shadap
201. 5025261, Hav (Clk), Sajan Prasad
202. 5025276, Hav (Clk), Utpal Dey
203. 5025310, Hav (Clk), Anil Kumar Arya
204. 5025336, Hav (Clk), Ngangom Rabin Meitei
205. 5025357, Hav (Clk), Baljeet Kumar
206. 5025393, Hav (Clk), Mashi Das Barla
207. 5027714, Hav (Clk), Dipu Borah
208. 5028426, Hav (Clk), Narendra Singh
209. 5023362, Hav (Clk), Yogendra Singh
210. 5023373, Hav (Clk), Surender Kumar Yadav
211. 5016989, Hav (Clk), Ajay Chhetri
212. 5017925, Hav (Clk), Rakesh Kumar
213. 5021084, Hav (Clk), Rahul Mazumdar
214. 5021102, Hav (Clk), Biku Kumar
215. 5022790, Hav (Clk), Harjeet Singh
216. 5016863, Hav (Clk), Milan Kumar Malik
217. 5025294, Hav (Clk), Subrato Chakrobartty
218. 5027650, Hav (Clk), Arvind Kumar
219. 5017105, Hav (Clk), Vikash Kumar
220. 5021020,Hav (Clk), Roflint Rose Kharkongor
221. 5025318, Hav (Clk), Guarav Saikia
222. 5025339, Hav (Clk), Suraj
223. 5025377, Hav (Clk), Govind Chetry
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224. 5025389, Hav (Clk), Tej Raz Thapa
225. 5025389, Hav (Clk), Anand Kumar Singh
226. 5027688, Hav (Clk), Vibhor Kumar
227. 5027799, Hav (Clk), Kilangtemsu Kichu
228. 5028572, Hav (Clk), Santosh Singh Rawat
229. 5015672, Hav (Clk), Rajesh Singh
230. 5015895, Hav (Clk), Sandeep Adiwal
231. 5018131, Hav (Clk), Shankar Deb Barma
232. 5019603, Hav (Clk), Pintu Kumar
233. 5021025,Hav (Clk), Chandra Shekhar Kandpal
234. 5021058, Hav (Clk), Manish Kumar
235. 5025286, Hav (Clk), Arvind Kumar Ram
236. 5025327, Hav(Clk),Thokchom Bisanta Singh
237. 5028585, Hav(Clk), Langewar S Panduranji
238. 5028573, Hav (Clk), Sagar Kumar Prasad
239. 5020383, Hav (Clk), Sharad Yadav
240. 5020617, Hav (Clk), Durga Muang
241. 5025257, Hav (Clk), Polash Chakma
242. 5025275, Hav (Clk), NG Albert Moyon
243. 5027732, Hav (Clk), Shiv Kumar Yadav
244. 5028586, Hav (Clk), Lohar Arjun Shrirang
245. 5017799, Hav (Clk), Rohit Singh Bora
246. 5019055, Hav (Clk), Srikanta Ghosh
247. 5021085, Hav (Clk), Vinay Pal
248. 5021098, Hav (Clk), Amit Kumar Limbu
249. 5021099, Hav (Clk), Rajinder Kumar
250. 5021100, Hav (Clk), Pradeep Kumar
251. 5027737, Hav (Clk), Dhruv Kant Tiwari
252. 5017303,Hav (Clk), Deepak Kumar Pandey
253. 5017306, Hav (Clk), Sukesh Kumar
254. 5023320, Hav (Clk), Ajay Kumar Singh
255. 5025287, Hav (Clk), Rahul Chhetry
256. 5025570, Hav (Clk), Pradeep Kumar
257. 5027755, Hav (Clk), Rahul M Prasad
258. 5016816, Hav (Clk), Bimal Koirala
259. 5019277, Hav (Clk), Bikram Rana
260. 5022869, Hav (Clk), Mitul Chakma
261. 5025540, Hav (Clk), S Rahul Singha
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262. 5027730, Hav (Clk), Vaibhav Ananat Patil
263. 5028591, Hav (Clk), Deepak Sharma
264. 5016055, Hav (Clk), Prabir Kumar Adhikari
265. 5017243, Hav (Clk), Sunil Kumar
266. 5021024, Hav (Clk), Subhankar Samai
267. 5022846, Hav (Clk), Sahindra Tripura
268. 5023002, Hav (Clk), Ashish Kumar
269. 5023080, Hav (Clk), Khuplenmang Haokip
270. 5025369, Hav (Clk), Narendra Kumar Meena
271. 5025404, Hav (Clk), Ram
272. 5027619, Hav (Clk), Prakash Rabidas
273. 5028600, Hav (Clk), Rupam Chakma
274. 5015894, Hav (Clk), Pradeep Kumar
275. 5016682, Hav (Clk), Rajeev Sharma
276. 5017685, Hav (Clk), Ch Umanda Singh
277. 5020681, Hav (Clk), Kishan Limbu
278. 5021023, Hav (Clk), Prodyut Chakma
279. 5021032, Hav (Clk), Navin Singh Farfijal
280. 5025305, Hav (Clk), Vikrant Singh
281. 5027625, Hav (Clk), Neeraj Kumar
282. 5016746, Hav (Clk), Shashi Kant Yadav
283. 5021029, Hav (Clk), Anil Kumar
284. 5023315, Hav (Clk), Shiv Shankar Ram
285. 5023333, Hav (Clk), Anil
286. 5023390, Hav (Clk), Bhagirah Singh
287. 5023395, Hav (Clk), Md Arif Khan
288. 5025586, Hav (Clk), Mavatmi Kashungao
289. 5028431, Hav (Clk), Pappu Kumar
290. 5028435, Hav (Clk), Utsav Bhardwaj
291. 5021026, Hav (Clk), Dhan Kumar Sonar
292. 5021103, Hav (Clk), Yogesh Chandra Dani
293. 5025293, Hav (Clk),Manoj Singh Shekhawat
294. 5025297, Hav (Clk), Sumit Kumar Sharma
295. 5025308, Hav (Clk), L Roman Saemah
296. 5025400, Hav (Clk), Chandan James Singh
297. 5014894, Hav (Clk), Sanal Kumar S
298. 5016599,Hav (Clk), Shyam Kumar Paswan
299. 5017242, Hav (Clk), Mintu
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300. 5023074, Hav (Clk), Chandan Kumar
301. 5027667, Hav (Clk), Bipin Kumar Yadav
302. 5028617, Hav (Clk), Rakesh Singh
303. 5018753, Hav (Clk), Ramesh Kumar
304. 5020264, Hav (Clk), Dinesh Choudhary
305. 5021072, Hav (Clk), Paradhaman R
306. 5022989, Hav (Clk), Amit Singh
307. 5025385, Hav (Clk), Nishant Kumar
308. 5025538, Hav (Clk), Bikram Das
309. 5027706, Hav (Clk), Soutan Biswas
310. 5018476, Hav (Clk), Rodingliana
311. 5018998, Hav (Clk), Abhay Kumar Tiwari
312. 5019634, Hav (Clk), Herendra Singh
313. 5020349, Hav (Clk), Pankaj Thakur
314. 5021004, Hav(Clk), Moirangthem Sanjoy Singh
315. 5021013, Hav (Clk), Satya Prakash
316. 5021086,Hav (Clk), Purnakanta Biswakarma
317. 5025259, Hav (Clk), Hijam Lakhsmikanta Singh
318. 5016643, Hav (Clk), Jintendra Thakur
319. 5021036, Hav (Clk), Gautam Kumar
320. 5022892, Hav (Clk), Vikram Gujar
321. 5016677, Hav (Clk), Sunil Yadav
322. 5018077, Hav (Clk), D Siva Kumar
323. 5025251, Hav (Clk), T HutoiSema
324. 5025273, Hav (Clk), Abhishek Singh
325. 5025304, Hav (Clk), Nitul Duwarah
326. 5025311, Hav (Clk), Dharmendra Singh Yadav
327. 5025328, Hav (Clk), Asem Dilip Singh
328. 5025335, Hav (Clk), Arun T J
329. 5025383, Hav (Clk), Ajeet Singh Rawat
330. 5027802, Hav (Clk), Ravinder Singh
331. 5017001, Hav (Clk), Shammi Kumar
332. 5017230, Hav (Clk), Rakesh Kumar
333. 5019375, Hav (Clk), Mani Kumar Chetry
334. 5021045, Hav(Clk),OKram Rameshwor Singh
335. 5021067, Hav (Clk), Sujeet Mech
336. 5023324, Hav (Clk), S Hari Krishnan
337. 5025395, Hav (Clk), Narendra Singh
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338. 5028621, Hav (Clk), Rajput B K Dhanbahadur
339. 5028623, Hav (Clk), Jacob Lalnutluanga
340. 5015661, Hav (Clk), P C Vanlalhuma
341. 5015695, Hav (Clk), Anand Singh Negi
342. 5016934, Hav (Clk), Pradeep Gurung
343. 5018075, Hav (Clk), Sharath Lal S S
344. 5018888, Hav (Clk), Ravinder Singh
345. 5021069, Hav (Clk), K C Vanlalnunpuia
346. 5023299, Hav (Clk), BenrithungKikon
347. 5025317, Hav (Clk), Prinsu Singh
348. 5025372, Hav (Clk), Rajesh Das
349. 5027824, Hav (Clk), Pathan Shahrukkha Faimkha
350. 5015632, Hav (Clk), David Lalramawia
351. 5017386, Hav (Clk), Ram Kumar Chhetri
352. 5021052, Hav (Clk), Mahesh Joshi
353. 5021055, Hav (Clk), Amit Kumar
354. 5025554, Hav (Clk), Rajesh Kumar Ram
355. 5014939, Hav (Clk), Pramod Kumar Yadav
356. 5015868, Hav (Clk), Sajjan Singh
357. 5019598, Hav (Clk), Sujith S
358. 5025284, Hav (Clk), Ashwani Kumar
359. 5018973, Hav (Clk), Pabitra Karmakar
360. 5021093, Hav (Clk), Uday Kumar Singh
361. 5021106, Hav (CIk),Deepak kr Suryawanshi
362. 5025324, Hav (Clk), Rajesh kumar Gupta
363. 5025332, Hav (Clk), Pukhrambam Shanti Kumar
364. 5027624, Hav (Clk), Sunil Yadav
365. 5028444, Hav (Clk), Pankaj Kumar
366. 5025249, Hav (Clk), Gaidinreipou Pamei
367. 5025313, Hav (Clk), Ajay Pal
368. 5025366, Hav (Clk), Ajit Kumar Singh
369. 5025368, Hav (CIk) Shanchuma Boro
370. 5025371, Hav (Clk), Pranjal Pratim Borah
371. 5017292, Hav (Clk), Ranjan Ram
372. 5017378, Hav (Clk), Chanchal Singh Bisht
373. 5017839, Hav (Clk), Y Dharmaraj
374. 5018067, Hav (CIk), L Santosh Kumar
375. 5018977, Hav (Clk), Kishor Oraon
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376. 5021019, Hav (Clk), Jitendra Kumar
377. 5025255, Hav (Clk), Vikas Kumar Sharma
378. 5025382, Hav (Clk), Pawan Deep Singh
379. 5028445, Hav (Clk), Bishal Gogoi
380. 5021044, Hav (Clk), Neeraj Yadav
381. 5023356, Hav (Clk), Akash Choudhary
382. 5025288, Hav (Clk), Sandip Nath
383. 5025352, Hav (Clk) Dipendra Chhetri
384. 5025555, Hav (Clk), Anoop Singh
385. 5018171, Hav (Clk), Manish Kumar
386. 5018245, Hav (Clk), Janpoi Tesia
387. 5020860, Hav (Clk), Lukram Bidyaraj Singh
388. 5021041, Hav (Clk), Anup Chauhan
389. 5023392, Hav (Clk), Devender
390. 5025329, Hav (Clk), Karan Rajbanshi
391. 5025337, Hav (Clk), Sudip Tirkey
392. 5025597, Hav (Clk), Sunil Kumar Rawat
393. 5027642, Hav (Clk), Naveen Singh
394. 5028450, Hav (Clk), Kapil Kumar
395. 5017608, Hav (Clk), L Rajesh Singh
396. 5018718, Hav (Clk), Arun Saini
397. 5022889, Hav (Clk), Asif Khan
398. 5025278, Hav (Clk), Deepak
399. 5025341, Hav (Clk), Mantu Talukdar
400. 5025350, Hav (Clk), Pawan Kumar
401. 5025576, Hav (Clk) Anil Minj
402. 5027668, Hav (Clk), Amit Kuma
403. 5028457, Hav (Clk), Sunny Dev
404. 5022952, Hav (Clk), Pasang Lama
405. 5023381, Hav (Clk), Paotinthang Haokip
406. 5017690, Hav (Clk), Anil Kumar Sahu
407. 5021010, Hav (Clk), Vinod Kumar
408. 5025321, Hav (Clk), Satendra Kumar Rao
409. 5016529, Hav (Clk), Vinay Kumar Mishra
410. 5022821, Hav (Clk), Dhiraj Pandey
411. 5023078, Hav (Clk), Dev Bahadur Sunar
412. 5021702,Hav(Clk), Yogesh Kumar Dwivedi
413. 5022777, Hav (Clk) Manik Chandra Das
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414. 5022819, Hav (Clk), Surchandra Singha
415. 5022912, Hav (Clk), Sandeep Yadav
416. 5022930, Hav (Clk), Sanjay Kumar
417. 5025281, Hav (Clk), Ashish Gurung
418. 5025334, Hav (Clk), Ranjit Singh Bhau
419. 5025587, Hav (Clk), Kundan Kumar
420. 5018818, Hav (Clk), Sunil Kumar
421. 5020618, Hav (Clk), Dhruv Kumar
422. 5025342, Hav (Clk), Pradeep Thakur
423. 5025584, Hav (Clk), Praveen Kumar
424. 5015130, Hav (Clk), N Dhanshyam Singh
425. 5016629, Hav (Clk), I L Meetai
426. 5016630, Hav (Clk), Ajay Singh Bijarnia
427. 5017100, Hav (Clk), Sandeep Singh
428. 5017307, Hav (Clk), Deep Tamang
429. 5017333, Hav (Clk), Irphan Khan
430. 5018796, Hav (Clk) Hafizuddin Ahmed
431. 5020261, Hav (Clk), Jatinder Singh
432. 5021420, Hav (Clk), V Nagarjuna
433. 5023077, Hav (Clk), Thoudam Digbijoy Meitei
434. 5025306, Hav (Clk), Pankaj Kumar Jena
435. 5025353, Hav (Clk), Ajit Singh
436. 5025360, Hav (Clk), Shrawan Kumar
437. 5015083, Hav (Clk), Amit Kumar
438. 5014952, Hav (Clk) Lalit Kumar Janoti
439. 5015883, Hav (Clk), Dinesh
440. 5016054, Hav (Clk), Kiran Limbu
441. 5016318, Hav (Clk), Veeraswamy Venkala
442. 5016690, Hav (Clk), Jagat Jyoti Chhetri
443. 5016831, Hav (Clk), Sheesh Pal
444. 5017283, Hav (Clk), Shyam Sunder
445. 5017284, Hav (Clk), Hare Krishna Roy
446. 5017332, Hav (Clk), Lakshmikanth N
447. 5017615, Hav (Clk), Ganesh Chhetri
448. 5017636, Hav (Clk), Ng Omendro Singh
449. 5018081, Hav (Clk), P Sudhakar Reddy
450. 5018493, Hav (Clk), R L Pachuau
451. 5018869, Hav (Clk), Subash Chand
Page 12 of 35
2025:MLHC:182-DB
452. 5019335, Hav (Clk), Gurmeet Singh
453. 5019489, Hav (Clk), Bikky Lama
454. 5019639, Hav (Clk), Abhay Pratap
455. 5019751, Hav (Clk), Amar Nath
456. 5019757, Hav (Clk), Anish Kumar Singh
457. 5020000, Hav (Clk), Bikram Pun
458. 5020068, Hav (Clk), Brajendra Kumar
459. 5020102, Hav (Clk) Ashis Rai
460. 5020255, Hav (Clk), Vivek Kukrety
461. 5020857, Hav (Clk), Th Jemson Singh
462. 5021001, Hav (Clk), H Vanlallawmkima
463. 5021015, Hav (Clk), N Surajkanta Singh
464. 5021018, Hav (Clk), Surgyan Singh Gurjar
465. 5021028, Hav (Clk), Sandeep Kumar Sharma
466. 5021038, Hav (Clk), Vikash Deoli
467. 5021081, Hav (Clk), Rohit Thakur
468. 5021082, Hav (Clk), Ravi Kumar
469. 5021128, Hav (Clk), Ashu Kumar Ram
470. 5021173, Hav (Clk), Mithlesh Kumar
471. 5021432, Hav (Clk), Manoj Yadav
472. 5022771, Hav (Clk), Goutam Sarkar
473. 5022779, Hav (Clk), Maskare Chunnilal Jagdish
474. 5022780, Hav (Clk), Rugantar Chakma
475. 5022784, Hav (Clk), Atenjenba
476. 5022850, Hav (Clk), Sanjay Rudra Paul
477. 5022860, Hav (Clk), Dilliram Parajuli
478. 5022870, Hav (Clk), Akshay Kumar Sinah
479. 5022874, Hav (Clk), Shimborlang Kharshandi
480. 5022897, Hav (Clk), Dan Singh Rana
481. 5022913, Hav (Clk), Raju Thakur
482. 5022916, Hav (Clk), Pappu Kumar
483. 5022925, Hav (Clk), Tuhinkanti Kar
484. 5022940, Hav (Clk), Hosang Gurung
485. 5022942, Hav (Clk), Gol Mohammad
486. 5022954, Hav (Clk), Neeraj Singh Soun
487. 5022980, Hav (Clk), J Ramchungthang
488. 5022995, Hav (Clk), Daljeet Singh Dogra
489. 5023013, Hav (Clk), Gulshinder Singh
Page 13 of 35
2025:MLHC:182-DB
490. 5023028, Hav (Clk), Taushif Ahmad
491. 5023029, Hav (Clk), Bikram Tamang
492. 5023031, Hav (Clk), Vikram Singh
493. 5023032, Hav (Clk), Samir Thapa
494. 5023082, Hav (Clk), Mayengbam Johnson Meitei
495. 5023086, Hav (Clk), Ningthoujam Romeo Singh
496. 5023088, Hav (Clk), Dayamo Yendrembam
497. 5023095, Hav (Clk), Haominlen Khongsai
498. 5023361, Hav (Clk), Sandeep Prasad
499. 5025253, Hav (CIk),Minishwrang Mushahary
500. 5025262, Hav (Clk), B Nagabosanam
501. 5025272, Hav (Clk), Sanjay Kumar
502. 5025296, Hav (Clk), Raju Ansari
503. 5025302, Hav (Clk), Bighneswar Samal
504. 5025307, Hav (Clk), Deepak Kharab
505. 5025314, Hav (Clk), Niranjan Kumar
506. 5025319, Hav (Clk), Ravi Ranjan Kumar
507. 5025320, Hav (Clk), Sudhir Yadav
508. 5025323, Hav (Clk), Manoj Saurabh
509. 5025325, Hav (Clk), Shakti Chhetri
510. 5025367, Hav (Clk), Mukul Hazarika
511. 5025379, Hav (Clk), Rakesh Kumar Saroj
512. 5023397, Hav (Clk), Khaijamang Haokip
513. 5025391, Hav (Clk), Abhijeet Brahma
514. 5025541, Hav (Clk), Debendra Sinha
515. 5025545, Hav (Clk), Suresh Kumar
516. 5025553, Hav (Clk), Bulbul Chetia
517. 5025572, Hav (Clk), Deepak Rasaile
518. 5025583, Hav (Clk), Rajan Kumar Singh
519. 5025600, Hav (Clk), Balram Ojha
520. 5017342, Hav (Clk), Manoj Singh Bora
521. 5017889, Hav (Clk), Balaji GR
522. 5017936, Hav (Clk),Emmanuel Lalsanglien
523. 5018788, Hav (Clk), G Arjun Singh
524. 5018909, Hav (Clk), Harvinder Singh
525. 5019316, Hav (Clk), Diwanshu Gaur
526. 5020945, Hav (Clk), Ishrar Khan
527. 5022833, Hav (Clk), Nithin Mohan
Page 14 of 35
2025:MLHC:182-DB
528. 5022872,Hav (Clk),Vikas Kumar Suryawnhi
529. 5022898, Hav (Clk), Inderpal Yadav
530. 5022932, Hav (Clk), Akhil Raj TR
531. 5022947, Hav (Clk), Manejer Choudhary
532. 5022963, Hav (Clk), Prem Bahadur Kharka
533. 5023042, Hav (Clk), Shashi Bhushan Sharma
534. 5023043, Hav (Clk), Boto I Wotsa
535. 5023061,Hav (Clk), Livingstone Sochinghao
536. 5023068,Hav (Clk), Khiuwangbou Abonmai
537. 5023073, Hav (Clk), Sachin Kumar
538. 5021014, Hav (Clk), Mukesh Sunar
539. 5022823, Hav (Clk), Indrajeet Chakma
540. 5022981, Hav (Clk), Arbind Kumar
541. 5018183, Hav (Clk), Saiful Islam
542. 5022957, Hav (Clk), Avinash Kumar
543. 5023353, Hav (Clk), Michael Kharkhonga
544. 5017915, Hav (Clk), Shaibud Lyngdoh Thabah
545. 5020988, Hav (Clk), Pravin Kumar Rai
546. 5021002, Hav (Clk), Rana Pratap Koach
547. 5022769, Hav (Clk), Radha Kanta Sarkar
548. 5022853, Hav (Clk), Benjamin V Zhimomi
549. 5025271, Hav (Clk), Govindra Nomosudra
550. 5025566, Hav (Clk), Kuldeep Singh
551. 5025592, Hav (Clk), Indrajit Sinha
552. 5016228, Hav (CIk), Rajesh Oraon
553. 5018317, Hav (Clk), Uttom Deori
554. 5018486, Hav (Clk), K Vanlalnghaka
555. 5019970, Hav (Clk), Biju Chetri
556. 5022955, Hav (Clk), Ganga DattKapadi
557. 5023011, Hav (Clk), Satyendra Kumar
558. 5023339, Hav (Clk), Mithlesh Singh
559. 5025343, Hav(Clk), Gyan Prakash Gautam
560. 5025355,Hav (Clk), Brijkishor Singh Tomar
561. 5018028, Hav (Clk), Rambabu Balaka
562. 5019736, Hav (Clk), Vishal Rajbonshi
563. 5020033, Hav (Clk), Shailendra Pratap Singh
564. 5025381, Hav (Clk), Pradeep Kumar Bugalia
565. 5025535, Hav (Clk), Bappa Kumar Nath
Page 15 of 35
2025:MLHC:182-DB
566. 5015030, Hav (Clk), Sandeep Kumar
567. 5017688, Hav (Clk), Akoijam Jotindro Singh
568. 5018723, Hav (Clk), Ashu Yadav
569. 5020281, Hav (Clk), Jaipal
570. 5014928,Hav (Clk), Lokhande Arjun Baban
571. 5017923, Hav (Clk), Sunil Sharma
572. 5018052, Hav (Clk), Valireddy Pittu
573. 5019026, Hav (Clk), Utpal Barman
574. 5019370, Hav (Clk), Umed Singh Dhami
575. 5020408, Hav (Clk), Anil Kumar
576. 5021006, Hav (Clk), Rojit Singh Ch
577. 5021027,Hav (Clk),S antosh Kumar Sahoo
578. 5021066, Hav (Clk), Ramesh Bahadur Newar
579. 5022901, Hav (Clk), Manoj Basnet
580. 5022986, Hav (CIk), Shailendra Singh
581. 5023047, Hav (Clk), Haveev Khan
582. 5023359, Hav (Clk), Jagbir Singh
583. 5025258, Hav (Clk), Suman Khongsit
584. 5025283, Hav (Clk), Shyam Kishore
585. 5025291, Hav (Clk), Suman Singha
586. 5025315, Hav (Clk), Bishal Rai
587. 5025344, Hav (Clk), Deepak Kumar
588. 5017257, Hav (Clk), Sanjeev Kumar
589. 5021214, Hav (Clk), Haret Singh Gujar
590. 5022834, Hav (CIk), Rajesh Kumar Nayak
591. 5021418, Hav (Clk), Abhishek
592. 5017076, Hav (Clk), Vishu Kumar V
593. 5017092, Hav (Clk), Prasant Limbu
594. 5025596, Hav (Clk), Rakesh Gurung
595. 5021080, Hav (Clk), Sulanthung Ngullie
596. 5025399, Hav (Clk), Sandeep Gurung
597. 5027771, Hav (Clk), Sher Singh
598. 5027631, Hav (Clk), Pratyush Solanki
599. 5028561, Hav (Clk), Sukalyan Saha
600. 5022917, Hav (Clk), Ashish Kumar
601. 5025326, Hav (Clk), Ankit Kumar
602. 5025299, Hav (Clk), Avinash Kumar
603. 5018967, Hav (Clk), Gopeswar Ghosh
Page 16 of 35
2025:MLHC:182-DB
604. 5021035, Hav (Clk), Sambhu Pradhan
605. 5021037, Hav (Clk), Pushkar Singh
606. 5021092, Hav (Clk), Manoj Kumar
607. 5027722, Hav (CIk), Dharmendr Gupta
608. 5028463, Hav (Clk), Lunminlen Kipgen
609. 5018982, Hav (Clk), Arun Kumar Gurung
610. 5021030A, Hav (Clk), Ashwani Kumar
611. 5025390, Hav (Clk), Debajit Pokrel Chetry
612. 5028481, Hav (Clk), Koushik Mondal
...Writ Appellants
-VERSUS-
1. Union of India, represented by the Secretary to the Government of
India, Ministry of Home Affairs, New Delhi - 110001.
2. The Director General, Assam Rifles, HQ DGAR, Shillong - 793011.
3. The Brigadier (Personnel), HQ DGAR, Shillong -793011.
4. The Colonel (Administration), HQ DGAR, Shillong -793011.
...Respondents
Coram:
Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
Hon'ble Mr. Justice B. Bhattacharjee, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. B. Pathak, Adv with
Mr. V. Kumar, Adv
Ms. P. Chettri, Adv
For the Respondent(s) : Mr. R. Debnath, CGC
i) Whether approved for Yes
reporting in Law journals etc.:
ii) Whether approved for publication Yes/No
in press:
Note: For proper public information and transparency, any media
reporting this judgment is directed to mention the composition of
the bench by name of judges, while reporting this judgment/order.
Page 17 of 35
2025:MLHC:182-DB
JUDGMENT
I.P. Mukerji, C.J.:
I have had the privilege of going through the draft judgment prepared by my learned brother. I am in full agreement with the conclusions and order proposed by his lordship.
The facts of this case have been narrated in great detail in the said judgment. I will not try to regurgitate the same. I would only like to add a few observations of my own.
Three reasons given by the learned single judge for rejecting the writ petition are as follows:
The appellants sat on the fence and waited for the outcome of the writ petitions filed by the other writ petitioners.
Secondly, they were recruited after 29th October, 2002 on initiation of the 2002 Rules and were not on the same footing as the earlier writ petitioners.
Thirdly, the earlier orders were in personam. The appellants could not take the benefit of those orders.
I will take the second point first.
The 2002 Rules did not redesignate the rank or alter the pay scale of the appellants, to make it equivalent to that of Warrant Officers in the Central services. It was just that the name of the post was changed. The Page 18 of 35 2025:MLHC:182-DB appellants in terms of rank and pay were in the same category as those of the earlier writ petitioners.
Their nature and type of work and all other service conditions were similar to the earlier batch of writ petitioners.
As far as the allegation against them of "sitting on the fence" is concerned, I do not think that it is sustainable. It is for the following reasons.
There is no period of limitation prescribed for preferring a writ petition. Of course, it has to be instituted within reasonable time. Inordinate and unexplained delay vitiates a writ petition.
The Supreme Court on 17th November, 2015 affirmed, with some modification the order of the learned single judge dated 23 rd August, 2012. It was implemented by Assam Rifles on 28 th June, 2016 leaving out 89 of the 1232 number of writ petitioners who were appointed under the 2002 Rules on the ground that they were not covered by the Supreme Court judgment. Finally, after contempt proceedings were initiated by 87 of them, on 12th April, 2019, Assam Rifles implemented the entire order.
In those circumstances, it was only on or after 12th April, 2019 that the appellants could have been aware of the fact that they were also similarly situated as the earlier writ petitioners their legal rights flowing from this knowledge and entitled to the same relief. Page 19 of 35
2025:MLHC:182-DB Moreover, being bound and guided by Article 14 of the Constitution, it became the duty of the government to extend similar benefit to the appellants as the earlier writ petitioners, whether or not they obtained orders of Court. This in my opinion is part of the principle of equality, fairness, transparency and good governance which every State should follow.
Therefore, the present writ petition of 2019 could never be dismissed on the ground of "delay", "fence sitting" or acquiescence.
It did not matter even if the earlier writ petition was an action in personam or in rem. I am not expressing our opinion on this issue as it is immaterial. The appellants are entitled to this benefit for the reasons above.
The argument of learned counsel for the respondents was that redesignation of 87 employees further to the contempt petition was an irregular or illegal act. He contended that no advantage could be taken of this illegal act, as it could not be acted upon as a precedent relying upon [Union of India & anr v. Arulmozhi Iniarasu & ors reported in (2011) 7 SCC 397 and Director of Horticulture, Odisha v. Pravat Kumar Dash & ors reported in (2019) 8 SCC 294]. This proposition and the above authorities have no application because my reasoning above clearly shows that all the appellants were similarly situated and entitled to the same relief Page 20 of 35 2025:MLHC:182-DB as the earlier batch of writ petitioners and that the 87 employees were rightly redesignated.
Union of India v. Dineshan K.K. reported in (2008) 1 SCC 586 cited by learned counsel for the appellants is applicable. Paragraphs 4, 9, and 25 are set out below:
"4. The nub of the grievance of the writ petitioner, working in the rank of a Radio Mechanic in Assam Rifles was that the Ministry of Home Affairs and the Director General of Assam Rifles having accepted in principle that the numbers of Assam Rifles, should be given the same rank and pay structure as was given to other Central paramilitary forces, yet the same had been denied to them. ....."
9. ..... the High Court felt that it would be unreasonable and discriminatory if the pay scales given to Radio Mechanics in CRPF and BSF were denied to the Radio Mechanics in Assam Rifles, when the qualifications and service requirements in all the three organisations were identical.
Consequently, the High Court issued the aforenoted directions, which are questioned in this appeal.
25. However, the Ministry of Home Affairs vide Letter dated 3-3-1998 while accepting the said proposal had recommended redesignation of Havildar/RM as warrant officer but subject to the condition that the prerevised and revised pay scales of Havildar/RM in other paramilitary forces were identical to the pay scales of Head Constable (RM) in CRPF and BSF. ..... The counter-affidavit does not even attempt to explain how the case of Havildar/RM in Assam Rifles is different from that of Radio Mechanics in other Central paramilitary forces." The following dicta was laid down by the Supreme Court:
"12. The principle of "equal pay for equal work" has been considered, explained and applied in a catena of decisions of this Court. The doctrine of "equal pay for equal work" was originally propounded as part of the directive principles of the State policy in Article 39(d) of the Constitution. In Randhir Singh v. Union of India a Bench of three learned Judges of this Court had observed that principle of equal pay for equal Page 21 of 35 2025:MLHC:182-DB work is not a mere demagogic slogan but a constitutional goal, capable of being attained through constitutional remedies and held that this principle had to be read under Articles 14 and 16 of the Constitution. This decision was affirmed by a Constitution Bench of this Court in D.S. Nakara v. Union of India. Thus, having regard to the constitutional mandate of equality and inhibition against discrimination in Articles 14 and 16, in service jurisprudence, the doctrine of "equal pay for equal work" has assumed status of a fundamental right.
13. Initially, particularly in the early eighties, the said principle was being applied as an absolute rule but realising its cascading effect on other cadres, in subsequent decisions of this Court, a note of caution was sounded that the principle of equal pay for equal work had no mathematical application in every case of similar work. It has been observed that equation of posts and equation of pay structure being complex matters are generally left to the executive and expert bodies like the pay Commission, etc. It has been emphasised that a carefully evolved pay structure ought not to be ordinarily disturbed by the court as it may upset the balance and cause avoidable ripples in other cadres as well. (Vide Secy., Finance Deptt. v. W.B. Registration Service Assn. and State of Haryana v. Haryana Civil Secretariat Personal Staff Assn.) Nevertheless, it will not be correct to lay down as an absolute rule that merely because determination and granting of pay scales is the prerogative of the executive, the court has no jurisdiction to examine and pay structure and an aggrieved employee has no remedy if he is unjustly treated by arbitrary State action or inaction, except to go on knocking at the doors of the executive or the legislature, as is sought to be canvassed on behalf of the appellants. Undoubtedly, when there is no dispute with regard to the qualifications, duties and responsibilities of the persons holding identical posts or ranks but they are treated differently merely because they belong to different departments or the basis for classification of posts is ex facie irrational, arbitrary or unjust, it is open to the court to intervene."
The conclusion was:
"28. On a conspectus of the factual scenario noted above, we do not find any infirmity in the impugned directions given by Page 22 of 35 2025:MLHC:182-DB the High Court, warranting interference. There is no merit in this appeal and it is dismissed accordingly with costs."
The appellants are entitled to the same relief as the writ petitioners in WP (C) No.277 (SH) 2010, granted by a learned single judge of this Court on 23rd August, 2012, modified by a division bench of this Court on 30th April, 2013 and finally granted by the Supreme Court with modifications by its judgment and order dated 17th November, 2015.
I, direct that the appellants may be granted relief in identical manner as if the said orders of the Court were incorporated in this judgment and order. Similar departmental orders may also be issued.
I grant the same relief as in the judgment and order of my learned brother.
This appeal is allowed. The impugned judgment and order is set aside.
No order as to costs.
(I.P. Mukerji) Chief Justice B. Bhattacharjee, J.:
This writ appeal is directed against the Judgment dated 05-12-2022 passed by the learned Single Judge in WP(C) No.244 of 2019 by which the writ petition was dismissed being devoid of merits. Page 23 of 35
2025:MLHC:182-DB The fact of the case is that in the year 2010, 1339 employees belonging to the clerical cadre of Assam Rifles raised the issue of parity in respect of pay, rank and status of Assam Rifles clerical cadre at par with other Central Police Organization (CPO) by filing a writ petition No. WP(C) No.277 (SH) of 2010 and sought for introduction of post of Warrant Officer (Clerk) in Assam Rifles at the Entry Level post. The said writ petition was disposed of by the Judgment and Order dated 23-08-2012 directing the Director General of Assam Rifles to take up the matter with the Secretary to the Govt. of India, Ministry of Home Affairs to bring parity in respect of rank structure and a pay of the Assam Rifles clerical cadre at par with other CPOs by introducing the rank of Assistant Sub- Inspector (Warrant Officer) at the entry grade w.e.f. 01-01-1986 in the pay scale of Rs. 1320-2040 (Rs.4000-6000) with all consequential benefits in the light of the communication made through MHA letter No.2701- 02/1/97 PC Cell/Pef-1 dated 10-10-1997.
The aforesaid Judgment and Order dated 23-08-2012 of the learned Single Judge was challenged in W.A. No.40 (SH) of 2012 wherein vide Judgment and Order dated 30-04-2013 the direction of the learned Single Judge was modified with regard to the date of application of the benefit of arrear of financial benefits. Thereafter, the matter reached before the Apex Court in Civil Appeal No. 13445 of 2015 (arising out of SLP (C) No. Page 24 of 35 2025:MLHC:182-DB 29908 of 2013) wherein by order dated 17-11-2015 the Judgment and Order of the learned Single Judge was restored.
The Ministry of Home Affairs, thereafter, approved the implementation of the Judgment and Order dated 23-08-2012 by Memo No. MHA U.O. 27013/2/2016.PF.IV dated 21-06-2016 wherein it was communicated that the Ministry of Home Affairs in consultation with the Ministry of Finance has agreed to implement the said Judgment and Order in respect of petitioners therein as well as other similarly placed employees. Accordingly, the Directorate General Assam Rifles implemented the Judgment and Order dated 23-08-2012 extending the benefit of the rank structure and pay of Warrant Officer to 1250 petitioners in WP(C) No.277 (SH) of 2010 by Order No. A/Pers/II-04/Clk/2016/774 dated 28-06-2016. However, the benefits were extended only to the personnel of the clerical cadre who were in service as on 01-01-1986 and who were enrolled thereafter upto 28-10-2002. As a result, 89 petitioners in WP(C) No. 277 (SH) of 2010 were left out and not conferred with the above benefits.
The petitioners numbering 87 out of the aforesaid 89, who did not get the benefit, approached this High Court by filing Contempt Case(C) No.21 of 2016. At the stage of the consideration of the contempt matter, the respondents agreed to implement the Judgment and Order dated 23-08- 2012 to the remaining 89 writ petitioners. Consequently, the Director Page 25 of 35 2025:MLHC:182-DB General of Assam Rifles issued Order No. Rec (Adm-I) MACPS (Court Case)/2019/320 dated, Shillong the 12-04-2019 extending the benefits to the remaining 89 writ petitioners in WP(C) No. 277 (SH) 2010.
Further, another batch of 192 Havildar (Clerks) of Assam Rifles, who were enrolled in service after 28-10-2002, approached this Court by filing WP(C) No. 198 of 2019 claiming benefits which fell due upon them consequent to the passing of the Judgment and Order dated 23-08-2012 and the order dated 12-04-2019 of the Directorate General Assam Rifles. The said writ petition was allowed by the Judgment dated 17-02-2023. Upon challenge made, the Apex Court declined to interfere with the said Judgment dated 17-02-2023 and dismissed the SLP bearing No. 15217/2024 by order dated 17-05-2024. As a result, the Directorate General Assam Rifles vide order No. Rec(Adm-I)/Ajay Kumar/Court Case/2024/112 dated 19-07-2024 conferred the rank and status of Warrant Officer at the entry grade to the aforesaid 192 personnel w.e.f. the date of their respective entry into service.
The appellants in this present writ appeal, who are serving as Havildar (clerk) in Assam Rifles, have filed WP(C) No.244 of 2019 praying for issuance of mandamus directing the respondents to grant the benefit of rank structure, status and pay-scale of Assistant Sub-Inspector (Warrant Officer) in the pay-scale of Rs.1320-2040 (revised Rs.4000- 6000) w.e.f. the date of enrollment in terms of the Judgment and Order Page 26 of 35 2025:MLHC:182-DB dated 23-08-2012 passed by the erstwhile Guwahati High Court, Shillong Bench in WP(C) No.277 (SH) of 2010.
The learned Single Judge vide impugned Judgment dated 05-12- 2022 dismissed the writ petition by holding that the appellants are not entitled to the benefits of the Judgment and Order dated 23-08-2012 passed in WP(C) No. 277 (SH) of 2010 as they did not join the issue with their colleagues in the first round of litigation and the Judgment and Order dated 23-08-2012 is a judgment in personam. The learned Single Judge further held that the appellants cannot seek parity of any kind as they are enrolled under the relevant Recruitment Rules of 2002 and the rules have not been challenged. Moreover, the appellants are fence-sitters as they did not choose to align with the 87(sic 89) petitioners when they filed WP(C) No. 277 (SH) of 2010 and, hence, the principle of delay and latches and acquiescence can be attributed to their action.
Assailing the impugned judgment dated 05-12-2022, Mr. B. Pathak, learned Counsel for the appellants, submits that the appellants in the present case are similarly situated with the petitioners in WP(C) No. 277 (SH) of 2010 and, therefore, entitled to the similar benefits as they are also serving in the same clerical trade and performing equal duties. He submits that the Judgment and Order dated 23-08-2012 is a judgment in rem as the direction made therein is meant to be implemented for the purpose of bringing parity in respect of rank structure and pay of the Page 27 of 35 2025:MLHC:182-DB Assam Rifles clerical cadre. He further submits that the Recruitment Rules of 2002 was in force when the judgment and order dated 23-08-2012 was passed in WP(C) No. 277 (SH) of 2010 and, hence, the said rules cannot come in the way of conferring benefit to the appellants. By referring to the implementation order dated 21-06-2016, the learned Counsel submits that it is clear from the contents thereof that the competent authority had approved the introduction of the post of Warrant Officer at the entry grade to bring parity in respect of rank structure of Assam Rifles clerical grade at par with other CPOs and such benefit was to be extended to all the persons in the clerical cadre. The learned Counsel further contends that since the benefit of the Judgment and Order dated 23- 08-2012 and subsequent implementation order dated 21-06-2016 are to be applied to the entire clerical cadre of the Assam Rifles, the learned Single Judge could not have denied the relief to the appellants on the ground of delay and latches by terming them fence-sitters. He submits that in any view of the matter, the impugned Judgment dated 05-12-2022 cannot be sustained in law and facts and is liable to be interfered with. The judgment of Union of India v. Dineshan K.K., (2008) 1 SCC 586 is pressed into service by the learned Counsel.
Mr. R. Debnath, learned CGC, on the other hand, contends that the appellants herein are not similarly situated with the petitioners in WP(C) No. 277 (SH) of 2010 and, hence, cannot claim benefit of the Judgment Page 28 of 35 2025:MLHC:182-DB and Order dated 23-08-2012. He submits that the appellants have entered into service after 28-10-2002 when the amended Recruitment Rules of 2002 was in force and, as such, are guided by the stipulation made in the said rules, wherein the post of Warrant Officer (clerk) is not provided as an entry grade post in the clerical cadre of the Assam Rifles. He further submits that the conferment of benefit to the 89 petitioners in WP(C) No. 277 (SH) of 2010, who were enrolled in the clerical cadre of Assam Rifles after 28-10-2002, was through oversight and inadvertence and the appellants cannot claim any benefit out of that as there can be no claim based on negative equality.
For deciding the controversy between the parties, it would be appropriate to refer to the operative part of the Judgement and Order dated 23-08-2012 in WP(C) No.277 (SH) of 2010 which is reproduced below: -
"14. In the result, this writ petition stands disposed of with the direction to the respondent No.2, the Director General of Assam Rifles to take up the matter again with the respondent No.1, i.e. the Secretary to the Govt. of India, Ministry of Home Affairs to bring parity in respect of rank structure and pay of the Assam Rifles clerical cadre at par with other CPOs by introducing rank of Assistant Sub-Inspector (Warrant Officer) at the entry grade w.e.f. 1.1.1986 in the scale of pay of RS1320-2040 (revised Rs. 4000-6000) w.e.f. 1.1.1996 or any other date as the authority deem it fit and proper with all consequential benefits in the light of the Government of India, Ministry of Finance resolution dated 20-09-1997 communicated through MH. Letter bearing No.2701-02/1/97 PC Cell/Pef-1 dated 10.10.1997. The whole exercise would be completed within a period of 6 (six) months from the date of receipt of a certified copy of this judgment and order."
Page 29 of 35
2025:MLHC:182-DB The learned Single Judge denied relief to the appellants by treating the aforesaid Judgment and Order dated 23-08-2012 as judgment in personam. Normally, a judgment which binds only those who are parties to it, is known as judgment in personam. Judgments, mention of which are made in Section 41 of the Indian Evidence Act, 1872 (Section 35 of The Bharatiya Sakshya Adhiniyam, 2023), are referred to as judgment in rem. Though, definition of judgment in rem has not been provided anywhere, it has been understood as meaning a judgment which is conclusive not only against the parties, but also against the whole world. Perusal of the operative part of the Judgment and Order dated 23-08-2012 would unambiguously show that the direction was issued for taking appropriate steps for bringing parity in respect of rank, structure and pay of the entire Assam Rifles clerical cadre at par with other CPOs. The direction was not confined to giving benefit only to the persons who were petitioners in that case. It is apparent that the intention was to give benefit to all similarly situated persons, whether they approached the Court or not. Thus, it is crystal clear that the Judgment and Order dated 23-08-2012 is a judgment in rem and not a judgment of in personam.
The Hon'ble Supreme Court in State of Uttar Pradesh and Others v. Arvind Jumar Srivastava and Others reported in (2015) 1 SCC 347 has observed as follows:
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2025:MLHC:182-DB 22.1. The normal rule is that when a particular set of employees is given relief by the court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India.
This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.
22.2. However, this principle is subject to well recognized exceptions in the form of latches and delays as well as acquiescence. Those persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their counterparts who had approached the court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them. They would be treated as fence-sitters and laches and delays, and/or the acquiescence, would be a valid ground to dismiss their claim.
22.3. However, this exception may not apply in those cases where the judgment pronounced by the court was judgment in rem with intention to give benefit to all similarly situated persons, whether they approached the court or not. With such a pronouncement the obligation is cast upon the authorities to itself extend the benefit thereof to all similarly situated persons. Such a situation can occur when the subject-matter of the decision touches upon the policy matters, like scheme of regularization and the like. On the other hand, if the judgment of the court was in personam holding that benefit of the said judgment shall accrue to the parties before the court and such an intention is stated expressly in the judgment or it can be impliedly found out from the tenor and language of the judgment, those who want to get the benefit of the said judgment extended to them shall have to satisfy that their petition does not suffer from either laches and delays or acquiescence."
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2025:MLHC:182-DB It emerges from the above that when a particular set of employees is given relief by the Court, the other identically situated persons shall be treated alike and not doing so would amount to discrimination and, therefore, violative of provisions of Article 14 of the Constitution of India. In such a situation, the authorities are obligated to extend the benefit thereof to all similarly situated persons. It is settled by now, specially in service law, that all similarly situated persons should be treated similarly. Even, the principles of delay and laches as well as acquiescence are of not much relevance for consideration of relief claimed in the case.
The law laid down by the Apex Court in Arvind Kumar Srivastava (supra) has been followed in Shoeline Vs. Commissioner of Service Tax & Ors. (2017) 16 SCC 104.
Before the coming of the Recruitment Rules of 2002 on 29-10- 2002, recruitment of clerks in the Assam Rifles were made in the post of Lance Naik (Writer). The post of Warrant Officer was introduced by the Assam Rifles at the entry grade of the clerical cadre in compliance of the Court's order as an ex-cadre post in terms of the recommendation of the 5th Central Pay Commission without any provision in the recruitment rules. There is no mention of any rank/post equivalent to Assistant Sub- Inspector (Warrant Officer) in the recruitment rule which was in existence prior to 2002 and also in the Recruitment Rules of 2002. The recruitment rules framed in the year 2002 has only renamed the post of Lance Naik Page 32 of 35 2025:MLHC:182-DB (Writer) as Havildar (Clerk). The concept of Warrant Officer came from the recommendation of the 5th Central Pay Commission. The Recruitment Rules of 2002 was in force when the Judgment and Order dated 23-08- 2012 in WP(C) No. 277 (SH) of 2010 was delivered and the Directorate of Assam Rifles had to introduce the rank and pay of Warrant Officer at the Entry Grade of the clerical cadre as Ex-cadre post without the same being provided in the recruitment rule. Hence, the Recruitment Rules of 2002 cannot be an impediment to the grant of relief claimed for by the appellants in the writ petition.
There is no dispute to the fact that both the posts of Warrant Officer (Clerk) and Havildar (Clerk) are entry level posts at the Assam Rifles clerical trade. There is no difference of requisite qualification and performance of duty between the two posts. The normal rule is that when a particular set of employees is given relief by the Court, all other similar and identically situated persons should be treated alike by extending the same benefit. There cannot be selective implementation, particularly when the judgement passed by the Court was a judgement in rem, to create unreasonable classification. There cannot be two different entry grades to one Clerical Trade where some employees get higher rank and pay of Warrant Officer and other similarly situated employees get lessor rank and pay of Havildar. Simply because, the appellants herein did not come to Court and joined the first round of litigation, they cannot be deprived of Page 33 of 35 2025:MLHC:182-DB their legitimate rights. The respondents/employers are under legal obligation to grant the benefit to all these similarly situated employees, notwithstanding the fact as to whether they approached the Court or not.
It is pertinent to mention that the set of all the 89 persons, who received the benefit of financial upgradation and rank and status of the Warrant Officer by order No. Rec(Adm-I)/MACPS (Court Case)/2019/320 dated 12-04-2019, have entered into the service after 28-10-2002. Another batch of 192 persons, who were conferred with the same benefit vide order No. Rec(Adm-I)/Ajay Kumar(Court Case)/2024/112 dated 19- 07-2024 consequent to the Judgment dated 17-02-2023 passed in WP(C) No. 198 of 2019, have also entered the service after 28-10-2002. Both the sets of the aforesaid persons were enrolled in the service of the Assam Rifles after the Recruitment Rules of 2002 came into force. In such a situation, the contention raised on behalf of the respondents that the appellants are not entitled to the benefit as the post of Warrant Officer is not sanctioned by the rule is totally untenable and stands rejected.
The ground of delay and laches as well as acquiescence raised on behalf of the respondents is also not tenable in view of the law laid down by the Hon'ble Supreme Court in Arvind Kumar Srivastava (supra) as discussed above. The respondents by no stretch of imagination can discriminate the appellants by treating them as employees belonging to a different class by making unreasonable classification and deny them the Page 34 of 35 2025:MLHC:182-DB benefit which they are entitled to by virtue of the Judgment and Order dated 23-08-2012 passed in WP(C) No.277 (SH) of 2010 and subsequent approval of implementation issued vide Memo No. MHA U.O. 27013/2/2016.PF.IV dated 21-06-2016 of the Ministry of Home Affairs. I also endorse the reasons given by my learned brother on the issue of delay.
For what has been discussed above, the appellants have made out a case for interference with the impugned Judgement dated 05-12-2022 passed in WP(C) No.244 of 2019 and the same is hereby set aside. Resultantly, the appellants are entitled to the relief claimed by them in the writ petition.
The respondents are directed to issue necessary order granting the benefit of rank and pay of Warrant Officer to the appellants w.e.f. their respective date of appointment in terms of the benefits already extended to the clerical cadre by implementation of the Judgment and Order dated 23- 08-2012 passed in WP(C) No. 277 (SH) 2010. The entire exercise should be completed by the respondents within a period of four months from today.
The writ appeal stands allowed. No costs.
(B. Bhattacharjee) Judge Signature Not Verified Digitally signed by Page 35 of 35 KHRAWDAPBOR BUHPHANG Date: 2025.03.18 16:59:14 PDT