Manipur High Court
State Nagaland vs The Union Of India on 18 April, 2022
DB Item No. 26
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WA No. 4 of 2022
1. Samer Singh, Hav/ORL No. 355390, aged about 55 years, S/o
(L) Ramanand, presently posted at Head Quarter 28 Sect., C/o
99 APO, Kakching District, Manipur, Pin - 932045.
2. B Manikuttan, Hav/ORL No. 354855, aged about 57 years, S/o
Shri Bhaskaran K, presently posted at 26 Assam Rifles, C/o 99
APO, Thoubal District, Manipur, Pin 795138.
3. Rajesh G, Hav/ORL No. 358021, aged about 47 years, S/o
Gopala Krishna Pillai, presently posted at HQ 7 Sect., Assam
Rifles, Tuensang, Nagaland State, Pin 798612.
4. Brahm Prakash, Hav/ORL No. 355532, S/o Kishori Lal,
presently posted at 9 Sect., Keithelmanbi, C/o 99 APO, Pin
795122.
5. Vasudevan Nair T.P, Hav/ORL No. 354820, S/o Shri Paramu
Nair, presently posted at Assam Rifles Signal Unit, Shillong
District, Meghalaya, Pin 793010.
6. Rajinder Singh, Hav/ORL, No. 358420, aged about 34 years,
S/o Kulbir Singh Chauhan, presently posted at 34 Assam
Rifles, C/o 99 APO, Churachandpur District, Manipur, Pin
795128.
7. Anil Kumar Ayyappan, Hav/ORL No. 357941, S/o Prayyappan
Pillai, presently posted at 39 Assam Rifles, C/o 99 APO,
Kakching District, Manipur, Pin 795103.
8. Biju Patnaik, Hav/ORL, No. 357858, aged about 47 years, S/o
(Late) P K Chacko, presently posted at 3 MGAR, Jorhat
District, Assam State, Pin 785005.
9. Johnson P.C, Hav/ORL No. 358370, aged about 45 years, S/o
(Late) P K Chacko, presently posted at 37 Assam Rifles,
Jiribam District, Manipur, pin 795116.
10. Shiv Kumar, Hay/ORL No. 358026, S/o Shri Ram Kala Tiwari,
presently posted at 4 Assam Rifles, C/o 99 APO, Chandel
District, Manipur, Pin 932044.
11. Kikar Singh, Hay/ORL No. 355309, S/o Ghungar Singh,
presently posted at 23 Assam Rifles, Makokchung District,
WA No. 4 of 2022 Page 1 of 6
State Nagaland, Pin 798601.
12. Rajeev Kumar, Hav/ORL No. 356269, S/o Suraj Singh,
presently posted at 23 Assam Rifles, Makokchung District,
State Nagaland, Pin 798601.
13. Rajeev C V, Hav/ORL No. 357820, aged about 47 years, S/o
Shri C K Viswanathan, presently posted at HQ DGAR, Shillong
District, Meghalaya State, 793010.
14. Madhu P, Hay/ORL No. 357583, S/o R Pappu, presently
posted at HQ DGAR, Shillong District, Meghalaya State, Pin
793011.
15. Madhu M, Hav/ORL, No. 355580, aged about 56 years, S/o
Madhavan P, presently posted at HQ DGAR, Shillong District,
Meghalaya State, Pin 793010.
16. Gokul Kumar Pradhan, Hav/ORL No. 354245, aged about 57
years, S/o Chandra Prasad Pradhan, presently posted at HQ
DGAR, Shillong District, Meghalaya State, Pin 793010.
17. C.A. Vinod, Hav/ORL No. 358314, aged about 48 years, S/o
Aravindakshan Nair, presently posted at HQ DGAR, Shillong
District, Meghalaya State, Pin 793010.
18. Ompal Singh Manhas, Hav/ORL No. 355160, S/o Babu Ram
presently posted at 37 Assam Rifles, Jiribam District, Manipur
State, Pin 795116.
19. Anil Kumar Dogra, Hav/ORL No. 355445, S/o Prakash Chand,
presently posted at 23 Assam Rifles, Makokchung District,
Nagaland State, Pin 798601.
...Appellants
- Versus -
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, Shillong, Pin 793010,
Meghalaya.
3. Secretary to the Government of India, Ministry of Personnel,
Public Grievances and Pension, North Block, New Delhi-
110001.
4. Colonel (Records), Assam Rifles, Shillong, Pin-793011.
5. The Chief Controller of Accounts, Pay and Accounts Office
(Assam Rifles) Shillong, Pin - 793010.
WA No. 4 of 2022 Page 2 of 6
6. The Commandant, 45 Assam Rifles, Mantripukhri, Imphal East
District, Manipur - 795002.
7. Shri Pankaj Sharma, Adjutant for Officiating Commandant, 45
Assam Rifles, Mantripukhri, P.O. Mantripukhri, P.S. Heingang,
Imphal East District, Manipur - 795002.
...Respondents
B EF O R E
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
For the appellants ∷ Shri N. Ibotombi, Sr. Advocate
For the respondents ∷ Shri Kh. Samarjit, ASG
Date of Order ∷ 18-04-2022
ORDER
18-04-2022
Sanjay Kumar (C.J.),
[1] The grievance of the appellants, nineteen in number, is with regard
to their rank and pay fixation in the Signal cadre of the Assam Rifles. Their
prayer in WP(C) No. 790 of 2017, along with 141 others who were similarly
situated, was to direct the authorities and more particularly, the Director
General, Assam Rifles, Shilling, Meghalaya, to grant them an appropriate
rank, i.e., Naik/Head Constable/Havildar, and fix their pay scales on par with
their counterparts in other Central Police Organizations w.e.f. 01-01-1986;
to grant them the 1st financial upgradation under the ACP Scheme as per
the recommendation of the 5th Central Pay Commission; to grant them the
2nd and 3rd financial upgradations under the MACP Scheme as per the
recommendation of the 6th Central Pay Commission; and to set aside earlier
contrary orders granting them the 2nd and 3rd financial upgradations under
the aforestated schemes. However, by judgment and order dated
24-08-2020, a learned Judge of this Court held that there was no merit in
their claims and dismissed their writ petition on that ground apart from the
ground of delay and laches.
[2] Aggrieved thereby, nineteen of the one hundred and sixty
petitioners in WP(C) No. 790 of 2017 filed this appeal.
[3] Heard Mr. N. Ibotombi, learned senior counsel, appearing for the
appellants; and Mr. Kh. Samarjit, learned ASG, appearing for the
respondents.
[4] It is admitted fact that the applications submitted by the appellants
and others, ventilating these grievances, were returned by the authorities of
the Assam Rifles under letters dated 13-09-2017 and 22-09-2017, stating
that necessary documents had not been furnished by them. However, the
letters did not elaborate on what the necessary documents were, in clear
terms. Mr. Kh. Samarjit, learned ASG, was therefore asked to ascertain what
would be the documents required for proper consideration of the appellants'
claims. Having obtained instructions, Mr. Kh. Samarjit, learned ASG,
informed this Court that the Deputy Chief Legal Officer in the Office of the
Director General, Assam Rifles, Shillong, had stated that representations of
the appellants, if now made, with all relevant documents, would be taken
into consideration and thereafter, a decision would be taken in the matter.
Mr. N. Ibotombi, learned senior counsel, states that the appellants would be
willing to abide by this course of action.
[5] As the authorities in the Assam Rifles are yet to take a reasoned
decision vis-à-vis the claims of the appellants with regard to their rank and
pay fixation on par with their counterparts in other Central Police
Organizations and also the financial upgradation benefits due to them under
the recommendations of the Central Pay Commission, it would be
appropriate that they do so in the first instance before this Court is called
upon to adjudicate on that issue on merits.
[6] In that view of the matter, the appellants and others similarly
situated shall submit representations afresh, ventilating their grievances with
regard to their rank, pay fixation and financial upgradations, in terms of the
prayers made in WP(C) No. 790 of 2017. Such representations shall be
supported by all the documents which the representationists deem
appropriate and relevant. Upon receipt of such representations along with
supporting documents, the authorities in the Assam Rifles shall verify the
same and inform the representationists as to whether any other documents
would be required from them. If so, the representationists shall furnish all
such additional documents, as have been called for, within two weeks from
the date of receipt of such communication from the Assam Rifles. Upon
receipt of the additional documents, the authorities in the Assam Rifles and
more particularly, the Director General, Assam Rifles, Shillong, shall
consider the representations and the supporting documents, in the context
of the claims made by the representationists, and take reasoned decisions
in the matter. It is made clear that such consideration shall be purely on the
merits of the matter and in accordance with law, uninfluenced by the
observations on merits made by the learned Judge in the judgment under
appeal.
[7] This exercise shall be completed within three months from the
date of receipt of the additional documents, if any, sought by the Assam
Rifles, and if no such additional documents are called for, within three
months from the date of receipt of the representations along with supporting
documents. The decisions taken shall be communicated to such
representationists under acknowledgment.
The writ appeal is disposed of with the above directions.
No order as to costs.
JUDGE CHIEF JUSTICE
Victoria
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2022.04.19
VICTORIA 10:14:21 +05'30'
