Manipur High Court

Union Of India Through The ... vs Rfn/Gd No.5003880F on 2 April, 2025

Author: A.Guneshwar Sharma

Bench: A.Guneshwar Sharma

                                                1
          Digitally signed by
JOHN      JOHN TELEN KOM

TELEN KOM Date: 2025.04.16
          08:08:40 +05'30'
                                                                            Item No.35&38(DB)
                                   IN THE HIGH COURT OF MANIPUR
                                             AT IMPHAL

                                         WA No.89 of 2022
                    Union of India through the Secretary(Ministry of Home Affairs)
                    Government of India, North Block, New Delhi-1 & Anr.
                                                                           Appellants
                                         Vs.

                    RFN/GD No.5003880F, Lourembam Bobo Singh, aged about 36 years,
                    S/o L. Kanhai Singh, 27th Assam Rifles, Pin-932027, C/o 99 APO & 9
                    Ors.
                                                                           Respondents
                                                      With
                                         WA No.4 of 2025
                    Union of India through the Secretary(Ministry of Home Affairs)
                    Government of India, North Block, New Delhi-1 & Anr.
                                                                           Appellants
                                         Vs.

                    Rfn/GD No.2049P, Kailash Chandra Shakya, aged about 46 years, S/o
                    (L) Narayan Prasad Shakya, 6th Assam Rifles, Pin 932006, C/o 99 APO
                    & 5 Ors.
                                                                           Respondents
                                            BEFORE
                      HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
                        HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA

                                            ORDER

(Oral) 02.04.2025 D. Krishnakumar, C.J. :

[1] Mr. KH. Samarjit, learned DSGI, assisted by Mr. Nondambam,

learned counsel appears for the appellants and Mr. KH Lupenjit, learned counsel

appears for the respondents.

[2] The instant appeals have been filed against the orders of the writ

court dated 10.10.2019 and 29.03.2023 passed in WP(C)No.947 of 2017 and

WP(C)No.953 of 2019.

[3] Mr. KH. Samarjit, learned DSGI appearing for the appellants submits

that the respondents/writ petitioners have filed instant writ petition praying for a

writ of Mandamus to consider for Remusteration/Up-Grade/Re-designation of post

of petitioners to the rank of Nb/Sub(E&M) and Nb/Sub(B&R), JE as initial rank the

petitioners 1,2,3,6,7,8,9&10 therein with effect from the date of completion of

Diploma Course and the petitioners Nos. 4&5 w.e.f. 19.01.2007 and pay all the

service benefits, and subsequent post of Subedar and Subedar Major.`

[4] According to the appellants, the respondents initially joined as

Riflemen in Assam Rifles and they have been provided an opportunity to undergo

Diploma course in Electrical and Mechanical Engineering to be held in the College

of Military Engineering, Pune and Mizoram State Polytechnic, Lunglei. It was

declared that the Diploma in Electrical and Mechanical Engineering(DEM) course

is a remusteration course for Engineering trade. Accordingly, the petitioners had

undergone Diploma Course and had completed the Diploma Course in Electrical

and Mechanical Engineering and Diploma in Civil Engineering from College of

Military Engineering, Pune and Mizoram State Polytechnic, Lunglei and therefore,

the petitioners were eligible for remustering as per Qualification Regulation for

Soldier, 1958 as amended from time to time.

[5] The respondents therein have filed counter affidavit by denying the

said averment of the petitioners by stating that the petitioners were not entitled for

remusteration for the aforesaid course. According to them, as per rules, the

appointment shall be made only through direct recruitment and this aspect was

also placed before the learned Single Judge and further submitted that the writ

court has considered the decisions rendered in Meghalaya High Court in

WP(C)No.327 of 2014 dated 06.08.2018 and in the aforesaid writ petition, the

High Court of Meghalaya has passed order by directing the respondents to take

all necessary steps at their respective levels for according consideration to the

case of the petitioner for remusteration from Rfn/GD(B&R) to Nb.Sub(B&R) and

to pass appropriate orders. Pursuant to the aforesaid direction passed by the

Meghalaya High Court in WP(C) No.327 of 2014, the Director General of Assam

Rifles has passed speaking order dated 28.01.2019 by rejecting the claim of the

petitioner therein and challenging the said order, writ petition being WP(C)No.191

of 2019 was filed before the High Court of Meghalaya and the same was disposed

of by directing the respondent authorities to reconsider the claims of the petitioner.

Subsequently, on 05.08.2020, a speaking order has been passed by the

Directorate General Assam Rifles and the said order dated 05.08.2020 was under

challenge in WP(C)No.461 of 2020 and by an order dated 06.02.2024, again it

was remanded back to the respondent authorities to reconsider the matter afresh

and again the department has rejected the claim of the petitioner by passing a

speaking order on 11.07.2024. Again, the said order is under challenge in

WP(C)No.464 of 2024 and the same is pending before the High Court of

Meghalaya.

[6] According to the learned counsel appearing for the appellants, the

order of Single Judge is liable to be set aside when the issue has not been decided

on merits and the same pending before the High Court of Meghalaya.

Therefore, he seeks for setting aside of the order of the learned Single Judge and

to pass appropriate order.

[7] The learned counsel appearing for the respondents vehemently

argued the matters by relying upon the order passed by the respondent

department on 05.01.2024 which was passed in order to implement Hon'ble High

Court of Manipur common judgment and order dated 23 January 2020 passed in

WP(C)No.597 of 2018, WP(C)No.598 of 2018, WP(C)No.149 of 2017, judgement

& order dated 18 February 2020 passed in WP(C)No.1033 of 2019 and judgment

and order dated 16 September 2021 passed in WP(C)No.816 of 2017 filed by

Pharmacist Trade Personnel of Assam Rifles. Therefore, he seeks that the order

of the Single Judge is not liable to be set aside.

[8] We have heard the arguments of the learned counsel appearing for

the parties and perused the materials on record.

[9] Mr. KH. Samarjit, learned DSGI appearing for the appellants would

submit that the writ Court has passed an order by directing the appellants to

consider the representations dated 21.11.2015 and 28.11.2015 addressed to the

Directorate General of Assam Rifles requesting for remusteration from Rfn/GD

(E&M) to Nb/Sub (E&M) with a recommendation from their Commanders and the

same were also forwarded by their respective Commanders along with

recommended application form for remusteration for approval. The said

representations were also forwarded to the Directorate General Assam Rifles,

Shillong along with the recommendation made by the authority concerned. He

would further submit that the learned Single Judge without direction to the

authority concerned to consider the representations of the petitioners/respondents

herein has passed final order by directing the appellants herein to remusteration

of post of the writ petitioners/respondents here to the Rank of Nb/Sub(E&M) and

Nb/Sub (B&R), JE as initial Rank the respondents/ writ petitioners 1,2,3,6,7,8,9 &

10 w.e.f. the date of completion of Diploma Course and the respondents/writ

petitioners 4 & 5 w.e.f. 19.01.2007 and pay all the service benefits, and

subsequent post of Subedar and Subedar Major. According to the learned counsel

appearing for the appellants, the writ petition came to be allowed without passing

order in the light of the High Court of Meghalaya wherein there is a direction to

consider the claim of the petitioner by the authority concerned and the writ petition

in WP(C)No.464 of 2024 is still pending before the High Court of Meghalaya.

[10] The learned counsel appearing for the appellants further draws the

attention of this Court by relying upon the Recruitment Rules where it says that by

Selection on merit and also by Direct Recruitment is the mode of recruitment to

the aforesaid post and there is no provision for remusteration available under the

Rules. The learned DSGI also states that though the learned counsel appearing

for the respondents herein has relied upon order passed by the department in

order dated 05.01.2024. According to the appellant, challenging the order of writ

petition, he has filed an appeal before this Court along with the condone delay

application and the said application came to be dismissed and also filed an appeal

before the Supreme Court and hence, the said order has not been decided on

merit. Therefore, the said order cannot be relied upon since there is no order been

passed by the appellate Court on merit. In this circumstances, Mr. KH. Samarjit,

learned DSGI, appearing for the appellant stated that the order cannot be relied

upon by the respondents in support of their cases for consideration for

remusteration.

[11] We have carefully perused the prayer sought for in the writ petition

and the appellant department has also issued advertisement for direct

recruitment. Without challenging the said advertisement, the respondents herein

filed writ petition seeking for mandamus in the aforesaid prayer. We are of the

view that the learned Single Judge has not properly considered the matter and

pass such an order by allowing the writ petition for granting relief for

Remusteration of post to the petitioners/respondents to the rank of Nb/Sub(E&M)

and Nb/Sub(B&R), JE as initial rank.

[12] Considering the submissions made by the learned counsel

appearing for the parties, since the respondents herein have also placed an order

dated 05.01.2024 wherein similar relief has been granted and on this aspect, this

Court cannot go in the same but it is for the authority concerned to consider and

take appropriate decision if any such relief is granted to the similarly situated

persons. Since there is no provision under the Rules for upgradation, we have not

expressed any opinion on that as the issue is still pending.

[13] In view of the above, this Court is inclined to pass the following

orders:

(a) Writ appeals are disposed of.

(b) The impugned order passed by the writ court is modified.

(c) The appellants are directed to consider the respondents'

representations dated 21.11.2015 and 28.11.2015 and pass

appropriate order in accordance with rules, preferably within a period

of 12(twelve) weeks from the date of receipt of a copy of this order.