Delhi High Court - Orders
Sherly Y. Penicker And Ors vs Union Of India And Ors on 13 August, 2024
Author: Rekha Palli
Bench: Rekha Palli
$~10 & 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12430/2018
SHERLY Y. PENICKER AND ORS. .....Petitioners
Through: Mr. Ankur Chhibber and Mr. Nikunj
Arora, Advocates.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC
with Mr. Kushagra Kumar, Advocate.
+ W.P.(C) 7780/2019
NABA KISHORE NANDA AND ORS. .....Petitioners
Through: Mr. Ankur Chhibber and Mr. Nikunj
Arora, Advocates.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. T.P. Singh, Senior Central Govt.
Counsel for UOI.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 13.08.2024
1. The petitioners in W.P.(C) 12430/2018, who had joined the Central Reserve Police Force (CRPF) as Staff Nurses (Civilians) and the petitioners in W.P.(C) 7780/2019 as Laboratory Technicians (Civilian), which posts along with some other civilian posts in the CRPF were combatised on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 02:21:00 19.09.1989, have approached this Court under Article 226 of Constitution of India with a grievance that despite specific recommendations issued by the Ministry of Home Affairs (MHA)/respondent no.1 regarding the manner of combatisation of these two posts, the respondents had wrongly placed them in lower ranks and have been consequentially drawing lesser pay.
2. The brief factual matrix as emerging from the record is that on 19.09.1989 the MHA directed combatisation of the then existing civilian posts of Staff Nurse and Laboratory Technician in the CRPF. Based on these directions issued by the respondent no.1/MHA, the respondent no.3/ CRPF directed combatisation of the civilian post of Staff Nurse as Sub Inspector with a pay scale of 1400-2300 and that of the post of Laboratory Technician as an Assistant Sub Inspector (ASI), with the pay scale of Rs.1320-2040. These pay scales, we may note, were lower than the pay scales which the Staff Nurses and Laboratory Technician were drawing before their combatisation.
3. However, since based on the very same directions of the respondent no.1, the Staff Nurses in the ITBP had been combatised as Inspectors with the pay scale of Rs.1400-2600 and the Laboratory Technicians combatised as Sub-Inspectors with the pay scale of Rs.1400-2300, the petitioners who had all joined service before 29.03.2004, approached the respondents with a prayer that their ranks and pay scales w.e.f. 19.09.1989 be suitably upgraded at par with their counterparts working in Indo-Tibetan Border Police Force (ITBP). In support of their plea, they also placed reliance on the clarification issued by the respondent no.1 on 29.12.1997 from which it was evident that the Staff Nurses were directed to be combatised as Inspectors and the Laboratory Technicians were directed to be combatised as Sub-Inspectors.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 02:21:00
4. The petitioners' prayer was, however, rejected by respondent no.3 on 08.08.2018 leading to the filing of the present petitions.
5. Learned counsel for the petitioners contends that despite categorical directions issued by the MHA vide orders dated 10.10.1997 and 29.12.1997 regarding the manner of combatisation, the respondents have wrongly combatised the post of Staff Nurses as Sub-Inspector and Lab Technicians as Assistant Sub-Inspector, leading to a situation whereby their pay scales were reduced after combatisation.
6. To strengthen this plea, reliance has been placed on the decision dated 19.04.2001 of a Single Judge of the Jammu & Kashmir High Court in SWP No. 186/1998 titled "Naresh Kumar and others vs. Union of India and others", which was unsuccessfully challenged by the respondents both before the Division Bench by way of LPASW No. 228/2002 as also before the Apex Court. He submits that the Jammu and Kashmir High Court while dealing with a similar claim of Pharmacists in the CRPF, who like the petitioners, had been combatised on a lower rank with a consequential lower pay scale, by directed the respondents to grant them the appropriate rank and pay scale as per the recommendations of respondent no.1. He, therefore, prays that the communication dated 08.08.2018 be set aside and the respondents be directed to correct the anomaly existing in the pay scale of the petitioners.
7. Learned counsel, who appears on behalf of the respondents, is not in a position to deny that as per the orders dated 10.10.1997 and 29.12.1997, a Staff Nurse was required to be combatised in the rank of Inspector and a Laboratory Technician in the rank of Sub-Inspector. After some arguments, he concedes, on instructions, that this anomaly regarding the combatised This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 02:21:04 rank and the pay scales of Staff Nurses and Laboratory Technicians, already stands corrected, with respect to those appointed after 29.03.2004.
8. Having considered the submissions of the parties and perused the record, we find that the combatisation both in CRPF and ITBP were done pursuant to the directions issued by respondent no.1/MHA on 19.09.1989. Further, as per the specific recommendations of the MHA issued on 10.10.1997 and 29.12.1997, which were applicable both to ITBP and to the CRPF, it was specifically directed that the Staff Nurses will be combatised in the rank of Inspector and the Laboratory Technicians will be combatised in the rank of Sub-Inspector. The respondents have failed to give any justifiable reason as to why they had combatised the civilian Staff Nurses who were drawing the pay scale of Rs.1400-2600 in the rank of Sub- Inspector with the pay scale of Rs.1400-2300 and that too when the ITBP which was governed by the same directions of the MHA had combatised them in the rank of Inspector. Similarly, there is no explanation for the combatisation of Laboratory Technicians in the rank of Assistant Sub- Inspector as against the rank of Sub-Inspector as granted to similarly placed Laboratory Technicians in the ITBP.
9. In this regard, we may also refer to the decision in Naresh Kumar (supra), wherein the Single Judge of the Jammu & Kashmir High Court while dealing with a similar claim of Pharmacists who had been combatised in a lower rank, had directed the respondents to correct this anomaly and grant the appropriate pay scale to the petitioners therein. The relevant observations of the learned Single Judge reads as under:
"The petitioners who are combatised pharmacists in the CRPF are seeking parity of grade and rank with their counterparts in This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 02:21:05 the Indo-Tibetan Border Police. It is the specific case of the petitioners that such a benefit has been given to their counterparts in the ITBP. Such is the stand taken in paragraph '4' of the petition.
As indicted above, the prayer is short and simple. Parity is being sought in the manner mentioned above.
The respondents have filed objections. It is submitted that the question of according to the rank and pay scale of the ITBP would not arise in the case of Central Reserve Police Force. It is submitted that the two forces are different. They can have separate grades. It is on this basis that their claim is sought to be negative. There could have been said something in favour of Union of India, but for an order passed by the Ministry of Home Affairs, Government of India on 10.10.1997. By this order, the pay structure and ranks of Non-Gazetted cadre of Force have been rationalised. This rationalization is with regard to various categories of men of the Armed forces. The word 'Force' would apply to all forces. This is clear from Annexure 'A', For facility of reference, the relevant paragraph of the said order is reproduced below:
"Explanation - In the notification, Armed Forces of the Union includes the Central Reserve Police Force, Indo- Tibetan Border Police, Special Services Bureau, the Border Security Force, the Central Industrial Security Force and the National Security Guard constituted under the Central Reserved Police Act, 1949 (66 of 1949) the Border Security Force Act 1968 (47 of 1968), the Industrial Security Act, 1968 (50 of 1968) and the National Security Guard Act 1988 (47 of 1986) respectively."
The term CRPF has not been defined therein. However, a copy of this order has been sent to Director General of BSF, CRPF, ITBP, Assam Rifles, NSG and. CISF. This is apparent from endorsement No.l. Is this be the position, then the benefit of rationalization as envisaged by the communication referred to above, has to apply uniformly to the members of all Forces. The petition is, accordingly, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 02:21:06 allowed. The writ petitioners who are members of the CRPF are are held entitled to the same scale of pay and ranks as has been given to their counterparts in the ITBP.
Disposed of accordingly."
10. As noted hereinabove, this decision of the learned Single Judge was unsuccessfully assailed not only before the Division Bench but also before the Apex Court. This decision, we find applies squarely to the facts of the present case wherein the petitioners are also employees of the CRPF and are aggrieved by their erroneous combatisation in a lower rank. In fact, we find that the respondents have not even seriously disputed before us that in terms of the orders dated 10.10.1997 and 29.12.1997 issued by respondent no.1, the petitioners were entitled to be combatised in the rank of Inspector for Staff Nurses and as Sub Inspector for Laboratory Technicians. In these circumstances, we find no reason as to deny the petitioners claim for their combatisation in the appropriate ranks with the appropriate pay scales in terms of respondent no.1's order dated 29.12.1997.
11. For the aforesaid reasons, we allow the writ petitions by directing the respondents to combatise the petitioners in W.P.(C) 12430/2018, to the rank of Inspector in the pre-revised pay scale of Rs.1400-2600 and the petitioners in W.P.(C) 7780/2019 to the rank of Sub-Inspector in the pre-revised pay scale of Rs.1400-2300 from the date of their initial combatisation. However, taking into account that the petitioners have approached this Court after a delay of about 10 years, we direct that the pay fixation in terms of this order will be granted to the petitioners on notional basis and the arrears flowing from the said fixation will be restricted to three years prior to the date of filing of the present petitions.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 02:21:06
12. The writ petitions are disposed of in the aforesaid terms.
REKHA PALLI, J SHALINDER KAUR, J AUGUST 13, 2024/acm/ab This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 02:21:07