Manipur High Court
M/371138X Subrata Kumar Sarkar ... vs Union Of India on 16 September, 2021
Item No. 15
(Through video conferencing)
IN THE HIGH COURT OF MANIPUR
LHAINEI Digitally signed
by
CHONG LHAINEICHONG
HAOKIP
AT IMPHAL
Date: 2021.09.16
HAOKIP 15:20:03 +05'30'
WP(C) No. 816 of 2017
M/371138X Subrata Kumar Sarkar (Warrant Officer)
.... Petitioner/s
- Versus -
Union of India
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
16.09.2021
Heard Mr.Lupenjit, learned counsel appearing for the petitioner and
Mr. S. Samarjeet, learned senior panel counsel appearing for the respondent.
[2] The present writ petition have been filed praying for issuing a writ of
mandamus or any other appropriate writ directing the respondent to conduct
necessary process for up-gradation/re-designation of Warrant Officer (W/O) to
the rank of Naib Subedar (Nb/Sub) as initial rank w.e.f. 12.11.1997, i.e., date
of enrolment and subsequently two Subedar and Subedar Major.
[3] It has been contended by the learned counsel appearing for the
petitioner that the issue involved in the present writ petition and the reliefs
claimed therein is squarely covered by the common judgment and order dated
23.01.2020 passed by this Court in WP(C) No. 597 of 2018, 598 of 2018 and
149 of 2017. The operative portion of the said judgment and order are as
under:-
"38. From the pleadings produced by both sides, it
appears that the petitioners who are members of Assam Rifles
are prima facie entitled to the same scale of pay and ranks as
has been given to their counterparts in CRPF and ITBP. As
stated supra, since the petitioners sought to re-designate the post
of Warrant Officer/Pharmacist to the rank of Naib
Subedar/Pharmacist (equivalent to Sub Inspector in other CAPF),
taking into consideration the nature of prayer now made by the
petitioner, this Court directs the respondent authorities to do the
said exercise and consider the claim of the petitioner in respect of
grant of Naib Subedar as per parity of grade and rank with other
counterparts in CRPF and ITBP more particularly in the light of
the judgment of the Hon'ble Supreme Court, supra. If the
respondent authorities are of the view that the petitioner is
entitled to the grade and rank on a par with other counterparts as
claimed, the respondents authorities may extend the said
benefits to the petitioner.
"39. In the result,
(i) The writ petition is allowed and the matter
is remitted to the respondent authorities to
grant the claim of the petitioner and pass
orders in the light of the decision of the
Hon'ble Supreme Court in respect of grant
of Naib Subedar (Nb/Sub) as per parity of
Grade and rank (Sub Inspector) with other
counterparts in CRPF and ITBP with pay
and allowances with effect from their date
of joining as indicated in the writ petition.
(ii) The said exercised is directed to be
completed within a period of eight weeks
from the date of receipt of a copy of this
order.
(iii) No costs.
[4] The learned counsel appearing for the petitioner submitted that the
present petitioners are entitled to get the same reliefs as are given to those
petitioner in the aforesaid writ petitions under the common judgment and
order dated 23.01.2020 and accordingly, a prayer has been made for
disposing of the present writ petition by granting the same reliefs as quoted
hereinabove.
[5] Mr. S. Samarjeet, learned senior panel counsel fairly submitted that
the issues and the prayer made in the present writ petitions are squarely
covered by the aforesaid judgment and order, however, the learned senior
panel counsel submitted that three writ appeals have been filed against the
said common judgment and order and the said writ appeals are pending.
Accordingly, Mr. S. Samarjeet submitted that the present writ petition can be
considered after disposal of the aforesaid writ appeals.
[6] Per contra, the learned counsel appearing for the petitioner submitted
that as the present writ petition is squarely covered by the aforesaid common
judgment and order, the present writ petition may be disposed of by granting
similar reliefs which may be made subject to the outcome of the pending writ
appeals filed by the respondent against the aforesaid common judgment and
order.
[7] Mr. S. Samarjeet, learned senior panel counsel also have no objection
in disposing of the present writ petition by granting similar reliefs as contain
in the aforesaid common judgment and order if such reliefs are made subject
to the outcome of the said writ appeals.
[8] In view of the submissions made by the learned counsel appearing for
the parties, it is hereby directed that the present petitioner shall be entitled to
all the reliefs granted by this Court in the aforesaid common judgment and
order dated 23.01.2020 and the present writ petition is disposed of with the
following directions:-
(i) The writ petition is allowed and the matter
is remitted to the respondent authorities to
grant the claim of the petitioner and pass
orders in the light of the decision of the
Hon'ble Supreme Court in respect of grant
of Naib Subedar (Nb/Sub) as per parity of
Grade and rank (Sub Inspector) with other
counterparts in CRPF and ITBP with pay
and allowances with effect from their date
of joining as indicated in the writ petition.
(ii) The said exercised is directed to be
completed within a period of eight weeks
from the date of receipt of a copy of this
order.
(iii) No costs.
[9] It is made clear that the reliefs granted in the present writ petition will
be subject to the outcome of the pending writ appeals filed against the
aforesaid common judgment and order.
JUDGE
Lhaineichong
