IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No.675 of 2022
1. Force No. S/5016573 WO/RM Shri Anirudh Kumar aged
about 33 Yrs, S/o Siyaram kumar, from Village Singariawan, P.O.
Singariawan, District- Patna, Bihar- 801304, at present HQ 27 Sector
CCPUR C/O 99 APO.
2. Force No. S/5020935 WO/RM, Shri Ningthoujam Chand Singh
aged about 32 Yrs, S/o N Indrajit Singh, from Village Koutruk Maning
Leikai, P.O. and P.S. Lamsang, District- Imphal West, Manipur-
795146, C/O 99 APO.
3. Force No. S/5013338 WO/RM Shri Hemam Tommy Singh
aged about 34 Yrs, S/o (L) Hemam Biren Singh, from Village Moirang,
P.O. Moirang, P.S. Moirang, District- Bishnupur, Manipur- 795133,
C/O 99 APO.
4. Force No. S/5013454 WO/RM Shri Pramod Kumar Yadav aged
about 35 Yrs, S/o Laxman Prasad Yadav, from Village Ghagha, P.O.
Ghagha, District-Mandla, Madhya Pradesh- 481661, C/O 99 APO.
5. Force No. S/5014332 WO/RM Shri Sardar Barpate Vilas aged
about 33 Yrs, S/o Vilas Shamrao Barpate, from Vitthalwadi, P.O.
Kameri, Teh- Walwa, Maharashtra- 415403, C/O 99 APO.
6. Force No. S/5014780 WO/RM Shri Amit Azad aged about 34
Yrs, S/o Nirmal Ram, from Village Dumri, P.O. Dumri, District- Buxar,
Bihar- 802120, C/O 99 APO.
7. Force No. S/5014923 WO/RM Shri Ravi Kumar aged about 34
Yrs, S/o Rangasubbaiah, from Village Thurimella, P.O. Thurimella,
District- Prakasham, Andhra Pradesh- 523372, C/O 99 APO.
WPC 675 OF 2022 1
8. Force No. S/5014930 WO/RM Shri Ananthaneni Manjunath
aged about 34 Yrs, S/o Ananthaneni Subbanna, from Dubbarlapallai,
P.O. Peruru, P.S. Ramagiri, District- Anantapur, Andhra Pradesh-
515621, C/O 99 APO.
9. Force No. S/5015101 WO/RM Shri Laishram Rupachandra
Singh aged about 39 Yrs, S/o Laishram Surendro Singh, resident
ofNaoremthong Laishram Leirak, District- Imphal West, Manipur-
795001, C/O 99 APO.
10. Force No. S/5015260 WO/RM Shri Raj Pratap Verma aged
about 36 Yrs, S/o Romnath verma, from Village Tulsi, Teh- Tilda, P.S.
Tilda, District- Raipur, Chhattisgarh- 493114, C/O 99 APO.
11. Force No. S/5015303 WO/RM Shri Heramani Sinha aged
about 35 Yrs, S/o Laxmikanta Sinha, from Village Fultali, P.O. Fultali,
Teh- Birchandranagar, District-Unakoti, Tripura- 799280, C/O 99
APO.
12. Force No. S/5015345 WO/RM Shri Pushpinder Chouhan aged
about 34 Yrs, S/o Onkar Singh Chouhan, from Village Karoa, P.O.
Karoa, Tehsil- Dehra, District- Kangra, Himachal Pradesh- 177103,
C/O 99 APO.
13. Force No. S/5015447 WO/RM Shri Shyamal Gope aged about
36 Yrs, S/o Ajit Gope, from Village Ashok Pally, P.O. Ambassa,
District- Dhalai, Tripura- 799289, C/O 99 APO.
14. Force No. S/5015818 WO/RM Shri Ashutosh, S/o Balgovind
Singh aged about 34 Yrs, from VillageKohra, P.O. Kohra, P.S. Sajetee,
Teh- Ghatampur, District- Kanpur Nagar, Uttar Pradesh- 209206,
C/O 99 APO.
15. Force No. S/5016057 WO/RM Shri Md Bhuttu Khan aged
about 32 Yrs, S/o (L) Md Karu Khan, from Village Banpur, P.O.
Banpur, P.S. Khaira, Teh- Jamui, District- Jamui, Bihar- 811305, C/O
99 APO.
WPC 675 OF 2022 2
16. Force No. S/5016084 WO/RM Shri Damodar Paul, S/o
Ravindra Paul aged about 35 Yrs, from Village Barakaimari, P.O.
Jatamari, P.S. Sitalkhuchi, District- Coochbehar, West Bengal- 7146,
C/O 99 APO.
17. Force No. S/5016190 WO/RM Shri Pranab Lahkar aged about
33 Yrs, S/o Madhu Ram Lahkar, from VillageUparnoi, P.O. Bangoan,
P.S. Patacherkuchi, District- Bajali (old district Barpeta), Assam-
781375, C/O 99 APO.
18. Force No. S/5016188 WO/RM Shri Ranjit Das aged about 33
Yrs, S/o Dandiram Das, from Village Dekasenchowa, P.O. Chamaguri
Satra, District- Jorhat, Assam- 785110, C/O 99 APO.
19. Force No. S/5016191 WO/RM Shri Kalyan Mitra Shyam aged
about 33 Yrs, S/o Pranab Shyam, from Village Pohukatia Shyam
Goan, P.O. Panjan, District- Jorhat, Assam- 785631, C/O 99 APO.
20. Force No. S/5016272 WO/RM Shri Ramesh Kumar aged about
34 Yrs, S/o Mathura Sah, from Village Hafizpur, P.O. Hafizpur, P.S.
Baniyapur, District- Chapra, Bihar- 841422, C/O 99 APO.
21. Force No. S/5016292 WO/RM Shri Pappu Ansari aged about
34 Yrs, S/o Jahoor Ansari, from Village Rakasiyan, P.O. Jalkhoriya,
P.S. Agrer, District- Rohtas, Bihar-821113, C/O 99 APO.
22. Force No. S/5016431 WO/RM Shri Rajesh M aged about 34
Yrs, S/o V Muni Kannan, from Village Periya Agamedu, P.O. Sadupri,
District- Vellore, Tamil Nadu- 632002, C/O 99 APO.
23. Force No. S/5016476 WO/RM Shri Anand N aged about 34
Yrs, S/o (L) Nagaraj M, from Village Mettukulam, P.O. Christianpet,
P.S. Katpadi, District- Vellore, Tamil Nadu- 632059, C/O 99 APO.
24. Force No. S/5016546 WO/RM Shri Umakanta Ghosh aged
about 35 Yrs, S/o (L) Pandit Ghosh, from Village Chhoto Bathan, P.O.
WPC 675 OF 2022 3
Chhoto Bathan, P.S. Naba Gram, District- Murshidabad, West
Bengal- 742104, C/O 99 APO.
25. Force No. S/5016559 WO/RM Shri Sudeep Tirkey aged about
34 Yrs, S/o Prabhu Sahay Tirkey, from village Jhauguri Basti, P.O.
New Chumta, District- Darjeeling, West Bengal- 734009, C/O 99
APO.
26. Shri Paokhokai Haokip, S/o (L) Ngamkhothang Haokip, from
Village Molvom, P.O. Sugnu, P.S. Churachandpur, District-
Churachandpur, Manipur-795128, C/O 99 APO.
27. Force No. S/5016835 WO/RM Shri Brijit Das aged about 33
Yrs, S/o Biswajit Das, from Village Ranirbazar, P.O. and P.S.
Ranirbazar, District- West Tripura, Tripura- 799035, C/O 99 APO.
28. Force No. S/5016942 WO/RM Shri Jaydeep Verma aged
about 34 Yrs, S/o Shyam Narayan Verma, from Village Arakhpur, P.S.
Arakhpur, District- Gazipur, Uttar Pradesh- 233305, C/O 99 APO.
29. Force No. S/5017170 WO/RM Shri Sunil Kumar aged about 35
Yrs, S/o Sheeshram,from Village Jodha Ka Bass, P.O. Jodha Ka Bass,
P.S. Chirawa, District- Jhunjhunu, Rajasthan- 333027, C/O 99 APO.
30. Force No. S/5020393 WO/RM Shri Satpal aged about 34 Yrs,
S/o (L) Ramesh Kumar, from Village Thilor, Teh- Tosham, District-
Bhiwani, Haryana- 127040, C/O 99 APO.
31. Force No. S/5020393 WO/RM Shri Shivendra Singh aged
about 32 Yrs, S/o Jagveer Singh, from Village Gadanpur Turpa, P.O.
Gadanpur Turpa, District- Farrukhabad, Uttar Pradesh- 209739, C/O
99 APO.
32. Force No. S/5020410 WO/RM Shri Pravin Kumar Dixit aged
about 31 Yrs, S/o Dinesh Dixit, from Village Surkha, P.O.
Khukhundoo, District- Deoria, Uttar Pradesh- 274501, C/O 99 APO.
WPC 675 OF 2022 4
33. Force No. S/5020804 WO/RM Shri Veerendra Singh aged
about 32 Yrs, S/o Amar Singh, from Village Dabua Colony, P.O. Dabua
Colony, P.S. Saran, District- Faridabad, Haryana- 121001, C/O 99
APO.
34. Force No. S/5020828 WO/RM Shri Kishan Singh aged about
35 Yrs, S/o Govind Singh, from Village Chamtola, P.O. Basoli, District-
Almora, Uttarakhand- 2622, C/O 99 APO.
35. Force No. S/5020831 WO/RM Shri Siyaram Singh Yadav aged
about 35 Yrs, S/o Baliram Singh Yadav, from Village Mahuwari Urf
Afalepur, P.O. Patepur, Teh- Muhammdabad, District- Ghazipur,
Uttar Pradesh- 233225, C/O 99 APO.
36. Force No. S/5020842 WO/RM Shri Kiseto Sumi aged about 34
Yrs, S/o Vikheyi, from Village Yangzitong, P.O. Kiphire, District-
Kiphire, Nagaland- 978611, C/O 99 APO.
37. Force No. S/5020864 WO/RM Shri Yanglem Henary Singh
aged about 33 Yrs, S/o yanglem Biramangol Singh, from Village
Waheng Khuman Mayai Leikai, P.O. Nambol, P.S. Wangoi, District-
Bishnupur, Manipur- 795134, C/O 99 APO.
38. Force No. S/5020979 WO/RM Shri Pebam Gajanabi Meitei
aged about 31 Yrs, S/o (L) Pebam Boinao Meitei, from Village
Govinda Gram Makha Leikai, P.O.& P.S. Nambol, District- Imphal
West, Manipur- 795134, C/O 99 APO.
39. Force No. S/5021125 WO/RM Shri Awanish Pandey aged
about 31 Yrs, S/o Rajkishor Pandey, from Village Labkani, P.O.
Labkani, District- Deoria, Uttar Pradesh- 274202, C/O 99 APO.
40. Force No. S/5021125 WO/RM Shri Niraj Kumar aged about 31
Yrs, S/o Daya Shankar Parshad Sah, from Village Jirawara, P.O.
Rasulpur Fatah, District- Vaishali, Bihar- 844122, C/O 99 APO.
41. Force No. S/5021225 WO/RM Shri M Venkatesh aged about
35 Yrs, S/o K Muthukrishnan, from Village Sethunarayanapuram,
WPC 675 OF 2022 5
P.O.& P.S. Watrap, District- Virudhunagar, Tamil Nadu- 626132, C/O
99 APO.
42. Force No. S/5021221 WO/RM Shri Aneesh M aged about 35
Yrs, S/o Mohanan, from Village Thrikkunnappuzha, P.O.Pallana,
District- Alappuzha, Kerala- 690515, C/O 99 APO.
43. Force No. S/5021282 WO/RM Shri Mathew T George aged
about 32 Yrs, S/o George TV, from Village Sreekrishnapuram,
P.O.Kulakkaattukussi, State- Kerala- 678633, C/O 99 APO.
44. Force No. S/5021463 WO/RM Shri Punnam Sampath aged
about 33 Yrs, S/o Chandramowlli, from Village Reddy Gudem, P.O.
Yannambill, P.S. Palvancha, District- Bahadradri Kothagudem,
Telangana- 507115, C/O 99 APO.
45. Force No. S/5021476 WO/RM Shri Prasant kumar aged about
31 Yrs, S/o Mishri Lal Sah, from Village Mehsi Chowk Bazar, P.O.&
P.S. Mehsi, District- East Champaran, bihar- 845426, C/O 99 APO.
46. Force No. S/5021600 WO/RM Shri Rajendra Bazia aged about
35 Yrs, S/o Jagdish Prasad, from Village Sargoth, P.O. Sargoth, P.S.
Ringas, District- Sikar, Rajasthan- 332404, C/O 99 APO.
47. Force No. S/5021609 WO/RM Shri Jagdish Chand aged about
35 Yrs, S/o (L) Chhiddi Singh, from Village Priya Nagari, P.O. Aduki,
P.S. Thana Highway, District- Mathura, Uttar Pradesh- 281006, C/O
99 APO.
48. Force No. S/5021622 WO/RM Shri Ashwani Singh Jasrotia
aged about 33 Yrs, S/o SH Ranjeet Singh Jasrotia, from Village
Jandore, P.O. Barwal, Teh/ District- kathua, Jammu and Kashmir-
184143, C/O 99 APO.
49. Force No. S/5021629 WO/RM Shri Mahaveer Poonia aged
about 33 Yrs, S/o Sugna Devi, from Village Gadsuriya, Teh- Bilara,
P.O. Borunda, District- Jodhpur, Rajasthan- 342604, C/O 99 APO.
WPC 675 OF 2022 6
50. Force No. S/5021125 WO/RM Shri Hemant Kumar aged about
33 Yrs, S/o Janrarjan Prasad Tiwari, from Village Dewali Baligram,
P.O. Dewali Baligram, District- Rudraprayag, Uttarakhand- 246439,
C/O 99 APO.
51. Force No. S/5021672 WO/RM Shri Lokesh Kumar aged about
32 Yrs, S/o Banshi Lal, from village Pasta, P.O. Pasta, P.S. Deeg,
District- Bharatpur, Rajasthan- 321203, C/O 99 APO.
52. Force No. S/5021673 WO/RM Shri Vijay aged about 32 Yrs,
S/o Hargyan Singh, from Village Kharkara, P.O. Kharkara, District-
Rohtak, Haryana- 124111, C/O 99 APO.
53. Force No. S/5022772 WO/RM Shri Santi Raj Chakma aged
about 34 Yrs, S/o Priyo Ranjan Chakma, from Village Borapansury1,
Dsitrict- Lawngtlai, Mizoram- 796770, C/O 99 APO.
54. Force No. S/5022826 WO/RM Chaitanya Majhi aged about 32
Yrs, S/O Moham Majhi, from Badhunia, District Mayurbhanj, Odisa,
–
PIN :757033, C/O 99 APO.
55. Force No. S/5022867 WO/RM Deep Chand Yadav aged about
32 Yrs, S/O Sadhu Ram Yadav, from Rajpura, District Sikar,
–
Rajasthan, PIN :332718, C/O 99 APO.
56. Force No. S/5022893 WO/RM Shri Krishna Ramesh Pawar
aged about 32 Yrs, S/o Ramesh Devram Pawar, from Village
Bhagpur, P.O. Kandari, P.S. Nasirabad, District- Jalgoan,
Maharashtra- 425003, C/O 99 APO.
57. Force No. S/5022928 WO/RM Shri Nzanthung Lotha aged
about 32 Yrs, S/o Emongthung Lotha, from Village Niroyo, P.O.
Wokha, District- Wokha, Nagaland- 797111, C/O 99 APO.
WPC 675 OF 2022 7
58. Force No. S/5022941 WO/RM Shri Pranab Kumar aged about
31 Yrs, S/o (L) Ramchandra Singh, from Village Azizpur, P.O. Azizpur,
P.S. Saraiya, District- Muzaffarpur, Bihar- 844120, C/O 99 APO.
59. Force No. S/5022962 WO/RM Shri Abhiman Ghosh aged
about 31 Yrs, S/o Munsi Ghosh, from VillageChhoto Bathan, P.O.
Chhoto bathan, P.S. Nabagram, District- Murshidabad, West Bengal-
742104, C/O 99 APO.
60. Force No. S/5022970 WO/RM Shri Parashram Ashok Pote
aged about 31 Yrs, S/o Ashok Pote, from Village Desur, Mauli Nagar
Desur, District- Belgaum, Karnataka- 590014, C/O 99 APO.
61. Force No. S/5022976 WO/RM Shri Ajoy Rabi Das aged about
31 Yrs, S/o Lt Ranjit Rabi Das, from Village Harerkhola, P.O.
Kamalpur, P.S. Kamalpur, District- Dhalai, Tripura- 799285, C/O 99
APO.
62. Force No. S/5023049 WO/RM Shri Deepak Kumar aged about
32 Yrs, S/oKashi Nath Singh, from VillageRajason, P.O. Rajason, P.S.
Bidupur,District- Vaishali, Bihar- 844102, C/O 99 APO.
63. Force No. S/5023050 WO/RM Shri Rahul Pal aged about 32
Yrs, S/o Suresh Pal, from Village 174E/1 Ganga Ganj Colony, P.O.&
P.S. Panki, District- Kanpur nagar, Uttar Pradesh- 208020, C/O 99
APO.
64. Force No. S/5023070 WO/RM Shri Hidam Herojit Meitei aged
about 33 Yrs, S/o H. Khamba Meitei, from Village Sekta, P.O.
Lamlong, P.S. Lamlai, District- Imphal East, Manipur- 595010, C/O 99
APO.
65. Force No. S/5023301 WO/RM Shri Mukesh Singh Gurjar aged
about 34 Yrs, S/o Ghasee Ram, from VillageKankaria, P.O. Kankaria,
Teh- Khetri, District- Jhunjhunu, Rajasthan- 333053 , C/O 99 APO.
WPC 675 OF 2022 8
66. Force No. S/5023365 WO/RM Shri Santosh Thakur aged
about 32 Yrs, S/o Yogendra Thakur, from Village Titira, P.O. Bhatha
Sonho, P.S. Parsa, District- Chhapra (Saran), Bihar- 841460, C/O 99
APO
67. Force No. S/5025764 WO/RM Shri Gavhane Bhagat Govind
aged about 32 Yrs, S/o Givind Gavhane, from Village Mandwa, P.O.
Zotinga, P.S. Bibi, District- Buldana, Maharashtra- 443202, C/O 99
APO
68. Force No. S/5025773 WO/RM Shri Ravi Kumar Ray aged
about 33 Yrs, S/o (L) Chandeshwar Ray, from Village Near A.S.T.C
Road Rangapara, P.O.& P.S. Rangapara, District- Sonitpur, Assam-
784505, C/O 99 APO
69. Force No. S/5025778 WO/RM Shri Nishant Kumar aged about
33 Yrs, S/o Lakshmi Narayan Singh, from Village Narkatia, P.O.
Babhangama, P.S. Mejorganj, District- Sitamarhi, Bihar- 843327, C/O
99 APO.
70. Force No. S/5025860 WO/RM Shri Tungdim Douzapau Zou
aged about 30 Yrs, S/o T Thangkhansuan Zou, resident of Rengkai
Bible Hill, P.O.& P.S. Churachandpur, District- Churachandpur,
Manipur- 795128, C/O 99 APO.
71. Force No. S/5025893 WO/RM Shri Boopathi C aged about 30
Yrs, S/o Chinnaraj, from Village Peddanapall, P.O. Periyakotta Palli,
District- Krishnagiri, Tamil Nadu- 635002, C/O 99 APO
72. Force No. S/5025897 WO/RM Shri Manoj Kumar aged about
31 Yrs, S/o Shivlal, from Village Chinchroli, P.O. Bharounda Khud,
District- Jhunjhunu, Rajasthan- 333024, C/O 99 APO
73. Force No. S/5025961 WO/RM Shri Mangal Lama aged about
30 Yrs, S/o Nar Bahadur Lama, from Village Model Village 5th Mile,
P.O. Sugar Mile 5thMile, P.S. Diphupar(B) 4th Mile, District- Dimapur,
Nagaland- 797112, C/O 99 APO
WPC 675 OF 2022 9
74. Force No. S/5016198 WO/RM Shri Bikram Thapa aged about
35 Yrs, S/o Bhairav Bahadur Thapa, from Happy Valley, District East
–
Khasi Hills, State - Meghalaya- 793007, C/O 99 APO
75. Force No. S/5021550L Rfn/RM Shri Swmaoglung Mwshahary
aged about 34 Yrs, S/o Mutilal Mwshahary, from Katrigasha, District
Kokrajhar, State - Assam- 783370, C/O 99 APO
–
76. Force No. 5023022A Rfn/RM Abdul Rahim, aged about 30 Yrs,
S/O Manower Hussain, Village Gulhatia Dist. Murshidabad, West
Bengal, PIN : 742401, C/O 99 APO
Petitioners
…
-Versus-
1. Union of India through its Home Secretary Ministry of Home
Affairs, North Block, New Delhi 110003.
–
2. The Director General, Assam Rifles, Shillong, Meghalaya
–
793010.
3. Inspector General of Assam Rifles, South, Mantripukhri, P.O.
Mantripukhri, P.S. Heingang, Imphal East District, Manipur. Pin Code
–
Respondents
…
BEFORE
MR. JUSTICE A.GUNESHWAR SHARMA
HON’BLE
For the petitioners :: Mr. M. Devananda, Sr.Advocate &
Ms. N. Jotsana, Advocate
For the respondents :: Mr. B.R. Sharma, CGSC
Dates of hearing :: 18.01.2024/29.1.2024/
08.02.2024
Date of judgment/order :: 30.04.2024
WPC 675 OF 2022 10
JUDGMENT AND ORDER
(C A V)
[1] Heard Mr.M.Devananda, learned senior counsel
assisted by Ms. N. Jotsana, learned counsel for the petitioners and
Mr.B.R.Sharma, learned CGSC for the respondents.
[2] The brief facts of the present writ petition are that the
petitioners have been working in the Assam Rifles, Ministry of Home
Affairs since November, 1999 in the rank of Riflemen/Operator
Radio & Lines (‘ORL’ for short). Their present scale has been fixed
at Rs.3050/- which is not in consonance with the pay structure of
other paramilitary forces of the Government of India. Hence, the
writ petitioners are seeking the relief for pay rationalisation to the
scale of Rs.4000-6000 w.e.f. their initial entry level in terms of the
Ministry of Home Notification dated 22.1.1998.
[3] The grievance of the petitioners relating to pay
structures relate back to the 4th Pay Commission. Vide Gazette of
India Notification dated 29.08.1986 notified implementation of 4th
Pay Commission. The personnel of Assam Rifles were given the pay
scale as applicable to other CPOs. But such pay structure was not
implemented in the Assam Rifles because the technical staffs were
not given the post as per the 4th Pay Commission. Thereafter, the
5th Pay Commission came into existence where all technical ranks
were re-designated and the pay scale were revised. In all the
paramilitary forces, the technical combatant staff were given the
rank and pay scale of SI, ASI and Havildar. While the same was not
implemented in the case of Assam Rifles, it remained stagnant.
Therefore, the petitioners claimed pay parity along with designation
of all Central Paramilitary forces, irrespective of the fact that they
belong to Assam Rifles or not.
WPC 675 OF 2022 11
[4] After the declaration of 5th Central Pay Commission,
the Ranks structure and Pay Scale from the rank of constable upto
the rank of Subedar Major have been rationalized vide Government
of India Order dated 10.10.1997 for all the COPs, the rank and the
Pay Scale for the technical staff such as Operator Radio &
Lines/Radio Mechanics/Cipher were re-designated to the rank of
Havildar and till date, the pay scale given is Rs.3200/- and the Class-
I & II employees were given the rank of ASI and the Pay Scale of
Rs.4000/- per month. An Office Memorandum from the Ministry of
Home Affairs in this regards was also issued vide Memo
No.27011/103/97-PF, I/56 dated 22nd January, 1998 and the copies
were sent to all the Central Police Organisations/Central Para
Military Force, but the Assam Rifles failed to implement the said
Office Memorandum, which would cover the case of the petitioners
herein without any dispute.
[5] The Government of India, Ministry of Home Affairs, by
the communication dated 4th July, 2022 issued vide Memo No.II.
27013/18/99-PF.V, directed the Directorate General, Assam Rifles to
upgrade the existing post of Riflemen Clerk to Havildar Clerk. It was
contended that the Riflemen Clerk also falls within the
communication wing/signal category of Assam Rifles and is a post
below the Rfn/OLR, to which category, the petitioners belong.
[6] It has been contended by the petitioners that there
are three types of technical combatant staff in Assam Rufles, viz. (i)
Operator Radio and Line/Radio Operator (ii) Radio Technician/Radio
Mechanic and (iii) Cipher. In a similar case, another personnel,
namely, Mr.Dinesh KK, who is a Radio Mechanic of Assam Rifles filed
a writ petition which was allowed by this Court and upon challenge
before Apex Court, the same was affirmed.
[7] One of the petitioners, who was initially appointed as
Riflemen (Radio Mechanic) in the Assam Rifles and subsequently
WPC 675 OF 2022 12
promoted to the post of Warrant Officer (Radio Mechanic) in Assam
Rifles submitted a representation to the Director General Assam
Rifles, Shillong requesting to upgrade all the Riflemen (Radio
Mechanic) appointed in the Assam Rifles to the post of Warrant
Officer (Radio Mechanic) from the date of their initial appointment
as Riflemen (Radio Mechanic) in Assam Rifles with the pay scale of
Rs.4000-6000 (Annexure A/6 to the writ petition).
[8] Affidavit-in-opposition has been filed on behalf of the
Union of India and Ors wherein it has been stated that before the
introduction of Recruitment Rules, 2000 issued by the Ministry of
Home Affairs vide letter dated 31.08.2000, where no separate pay
scale of class I and Class II Operators of Assam Rifles is specified
and the pay scale in Assam Rifles has been implemented in
accordance with the letter dated 10.10.1997 issued by the Ministry
of Home Affairs and, therefore, it is submitted that the contention
raised in the writ petition is incorrect.
[9] Mr. M. Devananda, learned senior counsel for the
petitioners has drawn the attention of this Court to the decision in
the case of Union of India v. Dineshan K.K.: (2008) 1 SCC
586,
where Hon’ble Supreme Court held that the Radio Mechanics
of Assam Rifles are entitled to parity in pay scale and rank with
similar personnel of other central military and police forces. Relying
the decision of Dineshan KK (supra), a Division Bench of Gauhati
High Court, in the judgment/order dated 22.09.2011 in WA No.
50(SH) of 2010 titled No.3589164Y Rfn/ORL Savendra
Singh Chauhan v. Union of India & Ors., upgraded the rank of
Rifleman/ Operator Radio & Lines (ORL) in Assam Rifles as warrant
officer. SLP(C) being No. 6241 of 2012 against the Division Bench
judgment was dismissed by Hon’ble Supreme Court on 02.07.2012
and thereafter the direction of the Division Bench was complied vide
order dated 26.12.2012. Mr. M. Devananda, learned senior counsel
WPC 675 OF 2022 13
for the petitioners urges that the matter has attained finality.
Reliance is placed on another judgment/order dated 08.05.2014
passed by High Court of Meghalaya in WP(C) No.56 of 2013
titled 357918 Rfn/ORL Madhuvendra Singh & Ors. v. Union
of India, Riflemen/ORLs in Assam Rifles were conferred rank and
pay scale of warrant officer relying on the judgment of the Division
Bench of Gauhati High Court (supra). It is also pointed out that vide
order dated 05.01.2024 issued by the Directorate General Assam
Rifles, Shillong, even the Pharmacist in Assam Rifles has also been
conferred the same benefit. Learned senior counsel cites the
decision in the case of State of Karnataka v. C. Lalitha: (2006)
2 SCC 747,
where Hon’ble Supreme Court discussed the concept
of equality of treating persons similarly situated in service matter.
It is prayed that similar relief be granted to the petitioners in terms
of the above cited judgments.
[10] MR. BR Sharma, learned CGS for the respondents
submits that the petitioners seventy six in numbers, have filed
WP(C) No.675 of 2022 praying for a direction to the respondents to
grant the rank of Warrant Officer with effect from their initial
enrolment to the post of Rifleman (Radio Mechanic) in Assam Rifles.
[11] The petitioners were enrolled as Rifleman (Radio
Mechanic) through various appointment orders from 2008 to 2014
as per the then prevailing recruitment rules. In the said recruitment
rules the minimum qualification prescribed for the post of Rifleman
(RM) was matriculation with English, mathematics and science.
[12] After the publication of revise recruitment rule 2012
which provides minimum qualification for recruiting rifleman (RRM)
as 10+2 with 3 years diploma in radio and television tech for
electronics or telecommunications or computer or electrical or
mechanical engineering or domestic appliances from a recognised
university or institute. The respondents as per the revised
WPC 675 OF 2022 14
recruitment rule 2012 for the first time advertised for the post of
Warrant Officer Radio Mechanic in the year 2015. Thereafter, the
revised recruitment rule 2012 was again revised in the year 2018
with modification in the minimum qualification required for
recruitment of Warrant Officer Radio Mechanic. As per the existing
policy, the petitioners are eligible for the post of Warrant Officer
Radio Mechanic on fulfilling all the qualitative requirement including
passing of Radio Mechanic Class 1 test and as such the petitioners
were upgraded to the post of Warrant Officer RM with effect from
1st Jan 2020 as they pass the said test in Feb 2019.
[13] The petitioners have interpreted the office
memorandum dated 22nd Jan 1998 and created the impression that
the petitioners are to be given promotion to the post of Warrant
Officer RM. It is stated that the Office Memoranda dated 22.1.1998
and 3.3.1998 nowhere mentioned that the post of Rifleman RM
should be re-designated as Warrant Officer Radio Mechanic instead
the office memorandum specifically provides for re-designation of
Head Constable (equivalent to Havildar in Assam Rifles). The said
OM also provides that if the pre revised pay scale of Havildar in
Assam Rifles and revised pay scale of Head Constable in other
CPF’s
are identical then Havildar in Assam Rifles can be re-designated as
ASI or Warrant Officer which is equivalent to ASI in other CAPFs.
Learned CGS submits that both the OMs dated 22.1.1998 and
3.3.1998 provide that Havildar in Assam Rifles, equivalent to Head
Constable shall only be re-designated as Warrant Officer (equivalent
to ASI) if and only if the pay scale of Havildar in Assam Rifles is
identical to Head Constable in BSF, CRPF etc
[14] Vide letter dated 3rd Dec 2008 the Government of
India wrote a letter to the Director General Assam Rifles regarding
up-gradation of the posts of Havildar RM to Warrant Officer RM. In
the said letter approval of the competent authority was conveyed
WPC 675 OF 2022 15
for up gradation and re-designation of the posts of Havildar RM in
Assam Rifles in the light of the Guwahati High Court decision
Hon’ble
dated 11.2.2005. As regards to up gradation of posts of Riflemen to
the posts of Warrant Officers in Assam Rifles the competent
authority does not agree as the recruitment qualification of Rifleman
RM so prescribed being lower. Hence the promotion criteria
prescribed in the RR, 2000 in respect to Havildar RM still stands
good. For the Rifleman RM to qualify consideration for promotion to
the post of Havildar RM must attend the following criteria:
(a) Must have passed Radio Mechanic course from the
Army/Central Police Organisation Institute
(b) Must have min of eight year service in the grade of
Rifleman (RM)
(c) Must be in medical category AYE (one)/SHAPE-I
except for low medical category attributable to actual
hostilities/insurgency operations and aggravated due to
service.
(d) Must have passed promotion cadre, MR standard-II
and Tech Trade Test One.
[15] It is submitted that only when a Rifleman RM is
promoted to the post of Havildar RM, he shall be automatically
upgraded and re-designated to the post of Warrant Officer RM by
virtue of the OMs dated 22.1.1998 and 3.3.1998. It is further stated
that all Riflemen RM in Assam Rifles who have passed TER Class 1
shall be upgraded/promoted to the rank of Warrant Officer RM by
virtue of being qualified for the post of Havildar RM subject to
availability of vacancy. The petitioners passed TER Class 1 on
different dates starting from 17.1.2014 to 26.3.2022. Therefore, the
claim of the petitioners that they should be upgraded/ promoted to
the post of Warrant Officer RM in the Assam Rifles from the date of
their initial appointment is untenable in the eye of law.
WPC 675 OF 2022 16
[16] Mr. BR Sharma has pointed out that the petitioners
were recruited as per the recruitment rules prevailing prior to 2012
as Rifleman Radio Mechanic in Assam Rifles by accepting the terms
and conditions of the service as well as the recruitment rules
prevailing at the point of time. It is not a case of the petitioners that
they qualify the criteria to be appointed/promoted to the post of
Warrant Officer from the day they were appointed to the post of
Rifleman Radio mechanic. It is an admitted fact that the qualification
required for the post of Rifleman RM is only matriculation without
any additional specialized degree/ diploma. Further, it is also not the
case of the petitioner that though the nomenclature of the post of
Rifleman RM is not Havildar RM (equivalent to Head Constable RM),
the pay scale of Rifleman RM in Assam Rifles is equal to Head
Constable RM in other CPFs. It is also stated that the petitioners
firstly need to qualify for promotion to Havildar Radio mechanic and
then only the OMs dated 22.1.1998 and 3.3.1998 will come into play
as upgradation in the said OMs are made only in respect of Head
Constable RM (equivalent to Havildar in Assam Rifles) to the post of
ASI (equivalent to Warrant Officer RM in Assam Rifles). Assuming
but not admitting that the OMs dated 22.1.1998 and 3.3.1998 issued
by the Ministry of Home Affairs by the Government of India are
applicable to the petitioners, as claimed in the writ petition, the OMs
are documents of Government policies and decisions and the same
cannot overwrite the recruitment rules framed under Article 309 of
the Constitution of India. In service jurisprudence, it is well settled
position of law that service rules framed under statutes shall always
prevail over conflicting government decisions/policy/resolution.
Relying on 2023 SCC online SC 311:Ashok Ram Prahad v.
State of Maharashtra, it is submitted that the claim of the
petitioners that they should be upgraded/promoted to the post of
Warrant Officer RM in Assam Rifles from the date of their initial
WPC 675 OF 2022 17
appointment is untenable in the eye of law and as such, the writ
petition has no merit, as the petitioners are not aggrieved persons
inasmuch as there is violation of fundamental rights or legal rights
of the petitioners.
[17] This Court has minutely examined the materials on
record, the submissions made at bar and the relevant case law.
[18] It will be relevant to reproduce the relevant portion of
decision of Supreme Court in the case of Union of India
Hon’ble
v. Dineshan K.K.: (2008) 1 SCC 586, which held that the Radio
Mechanics of Assam Rifles are entitled to parity in pay and rank with
similar personnel of other military and Central Police organisations.
Relevant para are reproduced below:
18. Vide Order dated 10-10-1997 passed by the Ministry
of Home Affairs in pursuance of Para 7 of the Ministry of
Finance, Department of Expenditure Resolution dated 30-
9-1997, it was notified that the President was pleased to
rationalise the rank structure and pay scales of non-
gazetted cadre of the Central Police Organisations and as
a result of this exercise certain ranks were to be merged
and the rank structure was communicated in the order
along with the revised pay scales and replacement pay
scales. Copy of this order was sent to all the paramilitary
forces, including Assam Rifles.
19. On 22-1-1998, an office memorandum was issued by
the Government of India, Ministry of Home Affairs, by
way of a clarification. In the said letter, it was clarified
that Order dated 10-10-1997 was equally applicable to all
advertised categories. In the said letter, directions with
regard to the redesignation of the three posts including
Head Constable (RM) as ASI in Central paramilitary forces
along with their replacement pay scales were also
ordered.
20. It appears that the disparity in rank and pay in
various Central paramilitary forces could not be resolved
and on 24-4-2001, the Director General, Assam Rifles
submitted a report to the Government with regard to the
progress on pay anomaly cases. Para 4 of the said letter
is of some relevance to the issue at hand and it reads as
follows:
WPC 675 OF 2022 18
“Rank and pay of technical cadre person, RM, Ptmn.,
Pharma, and compounder of AR with the same intake QR
for remounts are given the rank of Havildar wherein
they are (sic whereas their) counterparts in CPOs are
given ASI. MHA had ordered to submit proposal in
directing cadre to cadre comparison with BSF where the
rank of ASI is available in other technical and also along
with financial implication. The proposal along with
financial implication has been submitted to MHA and the
case is lying with MOF for approval.”
21. Having failed to receive any positive response from
the Government, one of the Radio Mechanics issued a
notice of demand to the Ministry of Home Affairs and
Director General of Assam Rifles, inter alia, praying for
giving effect to Office Order dated 10-10-1997 and Office
Memorandum dated 22-1-1998. Vide Order dated 26-12-
2001, the Ministry of Home Affairs informed the Director
General of Assam Rifles that his proposal had been
examined in consultation with Ministry of Finance and it
was found that there was no point for comparison of
grades and scales of pay for such posts across various
Central paramilitary forces.
22. It was stated that the proposed upgradation may
disturb relativities of various trades and grades within
Assam Rifles and there was no functional justification for
upgrading these posts. It is evident that on rejection of
the recommendation made by the Director General of the
Force, the respondent herein was left with no option but
to approach the High Court for redressal of his grievance.
…………………………………………………………………….
24. From the afore-extracted paragraphs of the counter-
affidavit and the rØsumØ of correspondence referred to
above, it clearly stands admitted by the petitioners herein
that: (i) all the paramilitary forces, including Assam Rifles
are on a par with each other and (ii) there was apparent
“disparity” in the pay scales of the personnel of Assam
Rifles with their counterparts in other Central paramilitary
forces. In order to rectify this disparity, Director General,
Assam Rifles, Petitioner 2 herein, vide his letter dated 18-
2-1998 had, in fact, taken up the grievance of the
respondent with the Ministry of Home Affairs, inter alia,
recommending redesignation of Havildar (RM) Grades I
and II of Assam Rifles as warrant officer and for
replacement of pay scale of Rs 4000-100-6000 to bring
them on a par with their counterparts in other Central
Police Organisations.
WPC 675 OF 2022 19
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. Manifestly, in the
instant case, the differentiation in the pay scales of the
two paramilitary forces is sought to be achieved not on
the ground of dissimilarity of academic qualification or
the nature of duties and responsibilities but only on the
ground that there was
“initial anomaly” in the Fourth
Central Pay Commission Report. 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.
…………………………………………………………………………….
27. Thus, the short question requiring our consideration
is whether having admitted in their affidavit referred to
hereinabove, the “apparent disparity” and “anomaly” in
the pay scales of Radio Mechanics, the administrative
authorities, the petitioners herein, could be permitted to
perpetuate apparent discriminatory differentiation in the
pay scales because of the disparity in prerevised and
revised scales of the personnel of Assam Rifles prior to
the recommendations of the Fourth Pay Commission,
irrespective of the identity of their powers, duties and
responsibilities with other paramilitary forces. In our
considered opinion, in view of the total absence of any
plea on the part of the Union of India that Radio
Mechanics in other paramilitary forces were performing
different or more onerous duties as compared to the
Radio Mechanics in Assam Rifles, the impugned decision
of the Government was clearly irrational and arbitrary
and thus, violative of Article 14 of the Constitution.
The decision in
[19] Dineshan K.K. (supra) has been
relied by various High Courts including this Court and the erstwhile
common Gauhati High Court and the matter has attained finality.
The facts of the present case is also similar with the case of
Dineshan K.K..
[20] From perusal and detail analysis of the judgements
passed by Supreme Court, Gauhati High Court and
Hon’ble
WPC 675 OF 2022 20
Meghalaya High Court in the above cited cases of Dineshan K.K.,
order dated 22.09.2011 in WA No. 50 (SH) 2010 and order dated
08.05.2014 in WP(C) No. 56 of 2013 respectively, this Court is of
the firmed view that the petitioners herein are also entitled to the
similar reliefs. Accordingly, the respondents are directed to grant/
upgrade the ranks of the petitioners to the post of Warrant Officers
(Radio Mechanic) in Assam Rifles equivalent to ASI (Radio Mechanic)
in BSF/ITBP/CRPF with pay scale of Rs.4000-6000 with effect from
their initial entry level in terms of Ministry of Home Affairs
Notification dated 22.01.1998 with all consequential reliefs. The
direction shall be complied within a period of three months from the
date of receipt of a copy of this order.
[21] Writ petition is allowed and disposed of in terms of
the above directions. No cost.
[22] Send a copy of this order to the Director General,
Assam Rifles at Shillong for information and necessary compliance.
JUDGE
FR/NFR
Priyojit
RAJKUMA Digitally signed
by RAJKUMAR
R PRIYOJIT
PRIYOJIT SINGH
Date: 2024.05.18
SINGH
11:16:31 +05'30'
WPC 675 OF 2022 21