Gauhati High Court
Page No.# 1/6 vs The Union Of India And 4 Ors on 8 February, 2021
Page No.# 1/6
GAHC010162062020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5135/2020
EX NO. 357316 K HAV/CIPH JAYANTA KUMAR BARUAH AND 17 ORS
S/O. SRI SISURAM BORUAH, VILL. RAJABARI, P.O. DHALPUR, DIST.
NORTH LAKHIMPUR, ASSAM, PIN-784165, RETD. FROM SERVICE AS
HAVILDAR/CIPHER FROM 3RD ASSAM RIFLES C/O. 99 APO, PIN-932003.
2: EX NO. 357080 HAV/CIPH VINOD SHARMA
S/O. SH. KESHAV RAM VILL. SHEEL
P.O. DEOTHI
DIST. SOLAN
HIMACHAL PRADESH
PIN-1773211
RETD. FROM SERVICE FROM HEAD QUARTER INSPECTOR (NORTH)
C/O. 99 APO.
3: EX NO. 357221K
HAV/CIPH SUNIL KUMAR CHAUHAN
S/O. LT. TILAK BHADUR CHAUHAN
VILL. AND P.O. KANGLATONGPI
DIST. IMPHAL
MANIPUR
PIN-795151
RETD. FROM SERVICE FROM 46TH ASSAM RIFLES C/O. 99 APO
PIN-932046.
4: EX NO. 356173H HAV/CIPH DEBAN PURAN
VILL. SIDIHI
P.O. LATHIKATA
DIST. SANDUGARH
ORISHA
PIN-770037 RETD. FROM SERVICE FROM 20TH RIFLES C/O. 99 APO
PIN-932020.
5: EX NO. 357266K HAV/CIPH SHAMSHER SINGH
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S/O. VIJAY SINGH
VILL. KHAH NO.-2
P.O. JAMULA
DIST. RAJOURI JAMMU AND KASHMIR
PIN-181132
RETD. FROM SERVICE FROM 42 ASSAM RIFLES C/O. 99 APO
PIN-9932042.
6: EX NO. 3561669 A HAV/CIPH SURENDRA NATH SWAIN
S/O. UDAYA SWAIN
VILL. VENKATRAIPALLI
P.O. HARIDAPADAR
DIST. GANJAM
ORISHA
PIN-761110
RETD. FORM SERVICE FROM 9 ASSAM RIFLES C/O. 999 APO
PIN-932009.
7: EX NO. 357179 W HAV/CIPH VIPIN KUMAR
S/O. LT. PREM SINGH
VILL. TERLOCHAN KOTHI
P.O. ROPRI
DIST. MANDI
HIMACHAL PRADESH
PIN-175024
RETD. FROM HEAD QUARTER DIRECTOR GENERAL ASSAM RIFLES
SHILLONG.
8: EX NO. 356235 HAV/CIPH MADHU S. KAIMAL
S/O. SRI SANKARA KURUP
VILL. KAPPIL MAKKU
P.O. KRISHNAPURAM
DIST. ALAPPUZHA
KERALA
PIN-690533
RETD. FROM SERVICE FROM HEAD QUARTER INSPECTOR GENERAL
ASSAM RIFLES (NORTH)
C/O. 99 APO.
9: EX NO. 356220 HAV/CIPH NANHE LAL
S/O. SRI RAM CHANDER
VILL. KRITPURA
P.O. KORWAN (RUDRAPUR)
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DIST. DEORIA
UTTER PRADESH
PIN-274204
RETD. FROM SERVICE FROM 4TH ASSAM RIFLES C/O. 99 APO
PIN-932004.
10: EX NO. 357371 A HAV/CIPH MD. MUJIBUR RAHMAN
S/O. LT. MD. KAIMUDDIN
VILL. KHONGNNANG MAKHONG
P.O. LILONG
DIST. THOUBAL
MANIPUR
PIN-795130
RETD FROM SERVICE FROM HEAD QUARTER 9 SECTOR ASSAM RIFLES
C/O. 99 APO.
11: EX NO. 357599 W HAV/CIPH SUNIL KUMAR SINGH
S/O. LT. RAMKRIT SINGH
VILL. SULTANI
P.O. BABHANDI
DIST. PALAMAU
JHARKHAND
RETD. FROM SERVICE FROM 1ST ASSAM RUFLES C/O. 99 APO
PIN-9320001.
12: EX NO. 357542 F HAV/CIPH SAGESH KUMAR K. K.
S/O. CM ACHUTHAN
R/O. SANEESH NIWAS
KANAD KEEZHALLUR
P.O. EDAYANNUR
DIST. KANNUR
PIN-670595
RETD. FORM SERVICE FROM 9TH ASSAM RIFLES C/O. 99 APO
PIN-9932009.
13: EX NO. 357779 Y HAV/CIPH PRAVEEN P.
S/O. PRASANNA KUMAR AN R/O. SREETHANKAM HOUSE MUHAMMA
P.O. ALAPPUZHA
DIST. KERALA
PIN-688525
RETD. FROM SERVICE FROM ASSAM RIFLES SIGNAL UNIT
SHILLONG-793011.
14: EX NO. 357586Y HAV/CIPH V. RAGHUNATHAN
S/O. SRI P. VISWAMBHARAN NAIR
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HOUSE NAME. MANGALATHU
VILL. PUNALUR
P.O. ELAMPAL
DIST. KOLLAM
KERALA
PIN-6913322
RETD. FROM SERVICE FROM 5TH ASSAM RIFLES C/O. -- APO
PIN-932005.
15: EX NO. 357364K HAV/CIPH WAKAMBAM TOMBI SINGH
S/O. WAKAMBAM IBOBI SINGH
VILL. LAIPHAM KHUNOU
P.O. LAMLONG BAZAR
DIST. IMPHAL EAST
MANIPUR
PIN-795010
RETD. FROM SERVICE FROM 37TH ASSAM RIFLES C/O. 99 APO
PIN-932037.
16: EX NO. 357488 HAV/CIPH PEMBA SHERPA
S/O. LT. PAUSANG TEMBA SHERPA
VILL. AND P.O. LAVA BAZAR
DIST. DARJEELING
WEST BENGAL
PIN-734319
RETD. FROM SERVICE FROM 32 ASSAM RIFLES C/O. 99 APO
PIN-932032
17: EX NO. 357481 HAV/CIPH PHURBA ONGEL SHERPA
S/O. RINCHEN SHERPA
VILL. LADAM BUSTY
P.O. LAVA BAZAR
DIST. KALIMPONG
WEST BENGAL
PIN-734319
RETD. FROM SERVICE 41ST ASSAM RUFLES C/O. APO
PIN-932012.
18: EX NO. 357895F HAV/CIPH BHALERAO BALU NARAYAN
S/O. LT. NARAYAN BHALERAO
VILL. AHERWADI
P.O. KHIREDISATHE
DIST. NASIK
MAHARASHTRA
PIN-423106
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RETD. FROM SERVICE FROM 12TH ASSAM RIFLES C/O. 99 APO
PIN-932012
VERSUS
THE UNION OF INDIA AND 4 ORS
REP. BY THE SECRETARY THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI-110001.
2:THE DIRECTOR GENERAL OF ASSAM RIFLES
HEAD QUARTER MAHANIDESHALAYA
ASSAM RIFLES SHILLONG
MEGHALAYA-11.
3:THE BRIGADIER (PERS)
HEAD QUARTER MAHANIDESHALAYA
ASSAM RIFLES SHILLONG
MEGHALAYA-11.
4:THE COMMANDANT 3RD ASSAM RIFLES
C/O. 99 APO
PIN-932003.
5:THE COMMANDANT 20TH ASSAM RIFLES
C/O. 999 APO
PIN-932020
Advocate for the Petitioner : MR. B PATHAK
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
08.02.2021
Heard Mr. B. Pathak, learned counsel for the petitioners as well as Mr. S.P. Choudhury,
learned CGC.
The petitioners are all retired as Hav (Ciphers) from the Assam Rifles. They are
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aggrieved by the non-implementation of the benefits of proper rank and pay as
recommended by the 5th Pay Commission, which has been implemented in favour of other
similarly situated Hav (Ciphers) in the Assam Rifles vide order dated 08.02.2019, even though
their names are included in the said order at Sl. No.888, 709, 710, 1004, 1003, 564, 1006,
715, 999, 718, 1011, 1013, 726, 896, 719, 1008, 1007 and 727. The issue relating to
entitlement of Hav (Ciphers) to rank and pay as per 5 th Pay Commission's recommendation
has been already decided by the High Court of Meghalaya in its judgment dated 23.03.2017
and 27.11.2017, which has been further confirmed by dismissal of the SLP filed against the
same vide order 04.07.2018 in SLP(C) Diary No(s). 11494/2018. The above judgments are
operative in rem and is applicable to the petitioners who are similarly situated and their
names are included in the implementation order dated 08.02.2019.
The petitioners' counsel submits that the petitioner nos.1, 2, 3, 4, 11 and 13 have
already been given rank and pay as per the 5 th Pay Commission's recommendation in terms
of the judgment of the Meghalaya High Court in WP(C) 403/2014.
As some of the petitioners herein have been given rank and pay in terms of the 5 th Pay
Commission's recommendation after filing of the writ petition, the rest of the petitioners
should also be given rank and pay as per the 5 th Pay Commission's recommendation, as they
are similarly situated persons. Accordingly, the respondents are directed to confer the actual
benefit of proper rank and pay of the petitioners by revising Pay and Allowances including
financial upgradation in terms of the 5 th Pay Commission's recommendation, within a period
of 3 months from the date of receipt of a certified copy of this order.
The writ petition is accordingly allowed.
JUDGE
Comparing Assistant
