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[Cites 2, Cited by 1]

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