Manipur High Court
Singh vs The Union Of India on 27 May, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Non-reportable
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 666 of 2018
1. E/380487H Hav/SKT, Thomas V.T aged about 50 years,
S/o V.M. Thomas presently posted at HQ 9 Sector Assam
Rifles, Pin 934809 C/o 99 APO.
2. E/380166 Hav/SKT, H.K. Singh, S/o (L) Janak Deo Singh,
38 AR, Pin 932038 C/o-99 APO.
3. E/380162 Hav/SKT, U.S. Gujar, S/o (L) Phonrilal Gurjar,
HQ 21 Sector AR, C/o-99 APO.
4. E/380332 Hav/SKT, Baban Thakur, S/o Gobardhan
Thakur, 4MGAR, C/o-99 APO.
5. E/380338 Hav/SKT, R.K. Jha, 3MGAR, C/o-99 APO.
6. E/380346 Hav/SKT, Yohannan S., S/o K.P. Simon Thakur,
8 AR, Pin 932008 C/o-99 APO.
7. E/380489 Hav/SKT, Johnson L., S/o (L) Lukose Y., 16 AR,
Pin 932016 C/o-99 APO.
8. E/380553 Hav/SKT, Sudarshan V, S/o R. Vasudevan, 16
AR, Pin 932016 C/o-99 APO.
9. E/380561 Hav/SKT, Kuldeep Singh, S/o (L) SH Balwant
Singh, HQ 25 Sector, C/o-99 APO.
10. E/380562 Hav/SKT, S N Dubey, S/o (L) Mosaphir Dubey,
31 AR, Pin No, 932031, C/o-99 APO.
11. E/380567 Hav/SKT, G S Negi, S/o (L) Ranjit Singh Negi,
18 AR, Pin No, 932018, C/o-99 APO.
12. E/380570 Hav/SKT, B S Baniyal, 3 MGAR, C/o-99 APO.
13. E/380575 Hav/SKT, Biju Abraham, S/o T P Abraham, 34
AR, Pin No, 932034, C/o-99 APO.
14. E/380576 Hav/SKT, M S Rana, 3 MGAR, C/o-99 APO.
15. E/2901437 Hav/SKT, Jacob P Varghese, S/o P O Jacob,
HQ DGAR, C/o-99 APO.
16. E/2901295 Hav/SKT, Pankaj Mani, S/o Shiram Balak
WP(C) No. 666 of 2018 Page 1 of 25
Singh, 39 AR, Pin No, 932039, C/o-99 APO.
17. E/85117 Hav/SKT, Jaibir Singh, 35 AR, Pin No, 932035,
C/o-99 APO.
18. E/95879 Hav/SKT, Sumesh K S, S/o P R Sethu Madhavan,
3 AR, Pin No, 932003, C/o-99 APO.
19. E/2193 Hav/SKT, S K Patwal, S/o (L) Mosaphir Dubey, 26
Sector AR, C/o-99 APO.
20. E/2209 Hav/SKT, Manoj Kumar, S/o B L Jakhmola, 28
Sector, C/o-99 APO.
21. E/3002086 Hav/SKT, Brijvir Singh, S/o (L) SH Ram Kishan
Singh, 4 MGAR, C/o-99 APO.
22. E/5006237 Hav/SKT, Aheibam Achouba Singh, S/o A.
Tomba Singh, 11 AR, Pin No, 932011, C/o-99 APO.
23. E/214099 Hav/SKT, Ram Prakash, ARC & MC, C/o-99
APO.
24. E/115148 Hav/SKT, Akshay Pandhy, S/o Bhagaban
Pandhy, ARC & MC, C/o-99 APO.
25. E/380159 Nb/Sub/SKT, Vijayan Pillai, ARC & MC, C/o-99
APO.
26. E/380163 Nb/Sub/SKT, Mathai P C, S/o Ouseph Chacko,
26 AR, Pin No, 932026, C/o-99 APO.
27. E/380353 Nb/Sub/SKT, Pan Singh Bisht, S/o Sitab Singh,
HQ DGAR, C/o-99 APO.
...Petitioners
- Versus -
1. The Union of India, represented by Secretary to Ministry of
Home Affairs, Government of India, North Block, New Delhi-
1.
2. The Director General Assam Rifles, Laitkor, Shillong - Pin
No. 793010.
...Respondents
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
For the petitioners : Mr. Kh. Lupenjit Adv;
Mrs. S. Gitanjali, Adv.
For the respondents : Mr. B.R. Sharma, CGSC
Date of hearing 17.12.2024
Date of order 27.05.2025
JUDGMENT & ORDER
[1] Heard Mr. Kh. Lupenjit, learned counsel along with
Mrs. S. Gitanjali, learned counsel for the petitioners and Mr. B.R. Sharma,
learned CGSC for the respondents.
[2] By the present writ petition, the petitioners pray for issuing a writ
of mandamus or any other appropriate writ of the like nature directing the
respondents to implement the OM dated 22-01-1998 thereby redesignation
of Havildar/SKT to the rank of Warrant Officer (W/O)/SKT as Initial Rank
(w.e.f. 10-10-1997 i.e. date of merger) along with all financial benefits by
fixing the pay of Warrant Officer (W/O) of Rs. 4000-100-6000/- (w.e.f. 10-
10-1997) for petitioner Nos. 1 to 24 and in respect of Petitioner Nos. 25 to
27 only w.e.f. 10-10-1997 till 18-12-2011 i.e. the date of promotion date to
the rank of Nb/Sub/SKT (Engg).
[3] The case of the petitioners is that they initially joined as Riflemen
GD in the Assam Rifles. Thereafter, the petitioners were remustered or
merged with the Hav/SKT (Engg).
[4] The petitioner Nos. 25 to 27 were promoted to the rank of
Nb/Sub/SKT (Engg) at the pay band of Rs. 9300-34-3480+ 42 grade pay
and the petitioner Nos. 1 to 24 are still serving as Hav/SKT.
[5] The Government of India, Ministry of Finance (Department of
Expenditure) passed resolution after submission of the report of 5th Central
Pay Commission relating to structure of emoluments, allowances, conditions
of service and retirement benefits of the Central Government employees
including Union Territories, member of All India Services and personnel
belonging to the Armed Forces.
The Government of India accepted the recommendation of 5th
Central Pay Commission with modification and all the technical ranks were
redesignated and the pay scale were revised in all Central Police
Organizations and technical combatant staff i.e. to which category the
petitioners belong were given the rank and pay scale of Hav, ASI and SI as
under:-
Tech Class Rank Pay Scale
CL-III Hav Rs. 3,200/-
CL-II ASI Rs. 4,000/-
CL-I SI Rs. 5500/-
In spite of the aforesaid resolution of the Government of India in
respect of the Central Armed Police Forces, the same were not implemented
by the Directorate General Assam Rifles and the technical staff to which
category the petitioners belong were reproduced below:
Tech Class Rank Pay Scale
CL-III Rfn Rs. 3,050/-
CL-II Nil Rs. 3050/-
CL-I Hav Rs. 3200/-
[6] By the Notification dated 10-10-1997 issued vide Memo No.
27012/1/97 PC Cell/PF-I, the Government of India, Ministry of Home Affairs,
rationalized the rank structures and pay scales of non-gazetted cadre of the
Central Armed Police Forces including armed personnel of Assam Rifles i.e.
to which category the petitioners belong. Pursuant to the declaration of the
5th Central Pay Commission, the rank structure and pay scales from the rank
of Constable to the rank of Subedar Major have been rationalized vide this
Notification. The Ministry of Home Affairs by the said Notification
rationalized the rank structure of non-gazetted cadre of Assam Rifles i.e., to
which category the petitioners belong as follows:
i. Constable/Security Assistant.
ii. Head Constable.
iii. Assistant Sub-Inspector.
iv. Sub-Inspector/ACIO-II.
v. Inspector/ACIO-I.
vi. Subedar Major.
Further, by the said Notification, the Government of India, Ministry
of Home Affairs rationalized the pre-revised pay scales and replacement pay
scales in respect of the above cadre as follows.
Sl. Structure Rationalized Replacement pay
No. pre-revised pay scale
scale
1 Constable /Security Rs. 950-1400 Rs. 3050-70-4590
Assistant
2 Head Constable Rs. 975-1660 Rs. 3200-85-4900
3 Asst. Sub-Inspector Rs. 1320-2040 Rs. 4000-100-6000
4 Sub-Inspector/ACIO-II Rs. 1640-2900 Rs. 5500-175-9000
5 Inspector/ACIO-1 Rs. 2000-3200 Rs. 6500-200-10500
6 Subedar Major Rs. 2000-3500 Rs. 6500-200-10500
But the Directorate General Assam Rifles in contrary to the above
referred Notification issued by the Government of India, Ministry of Home
Affairs, by the order dated 07-11-1997 issued vide Memo No. A/Pers/5th
Pay/97/21, illegally rationalized the rank structure and pay scales of Assam
Rifles personnel erroneously as follows:-
(a) Rifleman - Rs. 3050-75-3950-80-4590
(b) Havildar - Rs. 3200-85-4900
(c) Nb/Sub - Rs. 5500-175-9000
(d) Subedar - Rs. 6500-200-10500
(e) Subedar Major - Rs. 6500-200-10500 with Appt. pay of
Rs. 200 p.m.
Since certain doubts were expressed by the Central Armed Police
Forces in fixation of pay of certain non-gazetted personnel of the Central
Armed Police Forces w.e.f. 10-10-1997, the Government of India, Ministry
of Home Affairs clarified it by the Office Memorandum dated 22-01-1998,
issued vide Memo No. 27011/103/97-PF.I/56, the order dated 10-10-1997,
are equally applicable to all combatised categories.
[7] By the Office Memorandum dated 22-01-1998, all the Central
Armed Police Forces were made equal and were ordered to get the same
scale of pay with ranks structures. However, since disparity existed in the
4th Central Pay Commission, as a result the 5th Central Pay Commission, 6th
Central Pay Commission and the 7th Central Pay Commission also suffered
from the vice of disparity.
By an Office Memorandum dated the 03-03-1998, issued vide
Memo No. 27011/103/97-PF, the Government of India, Ministry of Home
Affairs, in regards to the fixation of pay on rationalization of rank structure
w.e.f. 10-10-1997 in the Central Armed Police Force informed the
Directorate General Assam Rifles that the order dated 22-01-1998 are quite
clear.
[8] The Government of India, Ministry of Home Affairs, by an order
No. II 27013/18/99-PF.V dated 04-07-2002, directed the Directorate General
Assam Rifles to upgrade the existing post of Hav/SKT to Warrant Officer.
The Hav/SKT is also non-gazetted technical trade.
[9] That one No. 358916Y Rfn/OLR Savendra Singh Chauhan
claiming revised pay scale, allowances and appropriate rank structure as
per recommendation of the 5th Central Pay Commission and Office
Memorandum dated 22-01-1998, approached the Hon'ble Gauhati High
Court, Shillong Bench by way of writ petition being WP(C) No. 32(SH) of
2008 and by an order dated the 25-06-2010, the Single Judge of the Hon'ble
Gauhati High Court, Shillong Bench disposed of the above referred writ
petition by holding that as per communication dated 24-06-2010, the
petitioner would be entitled to the pay scale of Rs. 5200-20200/- w.e.f.
19-11-2009 by way of granting first financial upgradation under Modified
Assured Career Progression Scheme (MACPS) without considering the
point raised in the writ petition. Being aggrieved by the order dated
25-06-2010 passed in WP(C) No. 32(SH) of 2008 by the learned Single
Judge of the Hon'ble Gauhati High Court, Shillong, No. 358916Y Rfn/OLR
Savendra Singh Chauhan preferred an appeal by filing a writ appeal being
Writ Appeal No. 50(SH) of 2010 and the Hon'ble Division Bench by its
judgment and order dated 22-09-2011 allowed the said writ appeal to the
extent that:-
"22. On a totality of the consideration of the above facts, reasons
and discussions as well as taking into account the decision rendered
by the Hon'ble Apex Court in Dinseshan KK (supra), we are inclined to
set aside and quash the judgment and order dated 25.06.2010, passed
by the learned Single Judge in WP(C) No. 32(SH) of 2008.
Consequently, the writ appeal is allowed.
23. The Union of India is directed to give appropriate rank and
pay scale to the petitioner as per recommendation of the 5th Pay
Commission and Office Memorandum dated 22.01.1998."
The Directorate General Assam Rifles preferred an appeal thereby
challenging the legality and validity of the judgment and order dated
22-09-2011 passed in Writ Appeal No. 50(SH) of 2010 by filing a Special
Leave to Appeal being (Civil) CC 6241 of 2012 before the Hon'ble Supreme
Court. The said Special Leave to Appeal was called on for hearing on
02-07-2012 and after hearing both sides, the Hon'ble Supreme Court had
dismissed the said Special Leave to Appeal.
[10] On recommendation of the 5th Pay Commission, the Central
Government accepted the scales of Rs. 4500-125-7000 and granting the
post of Havildar to the Warrant Officer which became effective from
10-10-1997 vide OM dated 22-01-1998 and which was made applicable to
all the Central Police Organisations like BSF, ITBP, CISF, CRPF etc. by
introducing the rank of Assistant Sub-Inspector which is a Warrant Officer in
the Assam Rifles vide letter dated 28-07-1998.
[11] In the light of the Hon'ble Guwahati High Court decision dated
11th February, 2005, which was passed in consideration of the
recommendation of the 5th Pay Commission in which technical trade was
granted as Warrant Officer in equivalence with BSF, as such an order being
No. A/Pers/RR Gp C/2008 dated 12th January, 2009 was issued by the
Directorate General Assam Rifles in which the authority had given approval
for upgradation and redesignation of the post of Havildar (RM) in Assam
Rifles to that of Warrant Officer in the pre-revised scale Rs. 4000-6000 with
effect from 10-10-1997.
[12] Again in compliance to the Hon'ble High Court of Manipur
judgment and order dated 20-08-2014 passed in WP(C) No. 820 of 2013
consideration of the recommendation of 5th Pay Commission, an order being
No. A/Pers/II-04/Pharmacist/2015/572 dated 16th October, 2015 was issued
by the Directorate General Assam Rifles in which the authority had given
approval for upgradation and redesignation of the post of Havildar
(Pharmacist) in Assam Rifles to that of Warrant Officer in the pre-revised
scale Rs. 4500-7000 with effect from 01-01-1996.
[13] Moreover, in compliance of the judgment and order dated
23-08-2012 passed by the Hon'ble Gauhati High Court, Shillong Bench in
WP(C) No. 277 (SH)/2010, an order being No. A/Pers/II-04/Clk/2016/774
dated 28th June, 2016 was issued by the Directorate General Assam Rifles
in which the authority had given approval for upgradation and redesignation
of the post of Havildar (Pharmacist) in Assam Rifles to that of Warrant Officer
with effect from 01-01-1996 as per relevant rules of the 4th, 5th & 6th CPC.
[14] That in compliance to the order dated 11-05-2017 passed in
WP(C) No. 154 of 2017, the Directorate General Assam Rifles had issued
an order being A/Pers/II-04/Pharmacist/2017/1189 dated 31-10-2017 in
which the competent authority had upgraded and redesignated the post of
Havildar/Pharmacist (who is the X (ten) passed) in Assam Rifles to the rank
of Warrant Officer in the pre-revised scale Rs. 4500-7000/- with effect from
01-01-1996 or from the date of enrolment whichever is later.
[15] The Government of India, Ministry of Home Affairs, Directorate
General Assam Rifles had upgraded and redesignated the post of Havildar
to Warrant officer in some of the technical trade as per with other CPOs by
introducing rank of Assistant Sub-Inspector (Warrant Officer rank in the
Assam Rifles) as per recommendation of the 5th Central Pay Commission
w.e.f. 01-01-1996 or from the date of enrolment. As such, the petitioners
should also be given the rank of Warrant Officer w.e.f.
10-10-1997 i.e. the date of remustered/merger with the Hav/SKT (Engg) [for
Petitioner Nos. 1 to 24] and wef 10-10-1997 till 18-12-2011 i.e. the date of
promotion date to the rank of Nb/Sub/SKT (Engg) [for the petitioner Nos. 25
to 27] as per recommendation of the 5th Central Pay Commission as such
the petitioners should be given financial benefits of pay of Havildar/SKT by
re-fixing to Warrant Officer rank and pay of Rs. 4000-100-6000/- w.e.f. 10-
10-1997 and in respect of petitioner Nos. 25 to 27 till 18-12-2011 i.e. the
date of promotion date to the rank of Nb/Sub/SKT (Engg) because the
petitioners have rendered their service as Havildar/SKT since 10-10-1997
till 18-12-2011 i.e. the date of promotion to Nb/Sub/SKT (Engg).
[16] The case of the respondents is that the petitioners were enrolled
into Assam Rifles as Rifleman (General Duty) under the Recruitment Rules
called as the Assam Rifles (Group 'C' combatised posts) Recruitment
Rules, 2000, notified vide G.S.R. 198 dated 31-05-2000 as amended vide
G.S.R. 343 dated 31-08-2000 which stipulated the minimum educational
qualification for direct recruitment as Rifleman (General Duty) as
Matriculate. Pay and allowances have also been extended as per the
recommendations of fifth CPC and pay applicable to the petitioners was
Rs. 3050-75-3950-80-4590 which has further been revised to Rs. 5200-
20200 in PB-1 with GP-2000 w.e.f. 01-01-2006 in the Sixth CPC. The
petitioners were given pay scales as recommended by the pay commission
commensurating to the rank they were holding and the nature of duties
assigned thereto. Rank structure at the entry level as applicable to other
Central Para Military Forces was not carried out in view of the differences in
educational qualification and nature of work and duties. Further, the present
batch of petitioners were enrolled as Rifleman (General Duty) and were later
on remustered to the rank of Naik Engineer (Store Keeper Technician) and
further merged to Havildar/Engineer (Store Keeper Technician) on
10-10-1997 since ranks of Naik and Lance Naik were abolished from the
Force with effect from 10-10-1997. At the time of the remusteration, the
petitioners have entered into a contract with the Union of India by signing an
undertaking, which reads as under:
"In the event of my being selected and passing Store Keeper
Technician, I am willing to be remustered as Engineer (Store
Keeper Technician). I am aware of the financial loss in pay to me
in remustering from Rifleman (General Duty) to
Havildar/Engineer (Store Keeper Technician), but still I wish to
so remustered. I will not ask for voluntary discharge from service
until I have completed 8 years in remustered trade. In the event
of seeking my discharge earlier than 8 years I will defray the cost
of conversion training as assessed by DGAR"
[17] Petitioners were remustered from the post of Rifleman (General
Duty to the rank of Naik (Store Keeper Technician) on passing of technical
course Class-III from Army Institutes and then merged to the rank of Havildar
(Store Keeper Technician) thereby granted one upgradation i.e. from
Rifleman to Havildar from the pay scale of Rs. 3050-75-3950-80-4590 to
Rs. 3200-85-4900. The petitioners were enrolled in this force with
educational qualification of Matriculate only and after enrollment they were
provided additional qualification at different Military Institutions on
government expense from time to time, in order to make them eligible to
perform their trade work. During the period of acquiring additional
qualification on government expense, petitioners were also paid full pay and
allowances whereas Store Keeper Technician in other Central Para Military
Forces are enrolled with higher qualification of matriculation along with
diploma, which they acquire at their own cost and expense of additional
three years after matriculation. No government stipend is provided to their
counterparts in Central Para Military Forces for acquiring additional
qualification of ITI. The petitioners were enrolled in the force under the
relevant Recruitment Rules/Policies during the time of their enrolment and
remustered to the rank of Store Keeper Technician at their own will.
However, claiming for the higher post which was not provided by the
Government of India in their hierarchy is not tenable in the eyes of law and
bereft of any merit.
[18] Petitioners were enrolled as Rifleman/General Duty and further
remustered to the rank of Naik and merged to Havildar/Engineer (Store
Keeper Technician) which are promotional post on acquiring the requisite
promotional criteria and availability of vacancy. The criteria for promotion
includes as stated in the tabulation.
Sl. No. Rank Promotion Criteria
(a) Subedar Major (Store By Promotion. Promotion from
Keeper) Technical amongst members of AR holding the
Engineer) rank of Naib/Subedar (Store Keeper
Technical Engineer), who:-
(i) Must have a min. of six years' service
as Naib Subedar (Store Keeper
Technical Engineer)
(iii) Map Reading Standard One Pass.
(iv) Promotion Cadre Pass
(vi) Must be in Medical Category
SHAPE -I
(b) Subedar (Store Not authorised as per Assam Rifles
Keeper Technical RPE. However, Subedar (Store Keeper
Engineer) Technical Engineer) was deputation
from Army.)
Sl. No. Rank Promotion Criteria
(c) Naib/Subedar (Store By Promotion. Promotion from
Keeper) Technical amongst the members of Assam Rifles
Engineer) holding the rank of Havildar (Store
Keeper Engineer) with minimum service
of five years as Havildar (Store keeper
Engineer) together with total of eighteen
years of service and possessing the
following qualifications:-
(i) Map Reading Standard One Pass
(ii) Promotion Cadre Pass
(iii) Technical Trade Test One pass
(iv) Must be in Medical Category
SHAPE-I
(d) Warrant Officer Not authorised as per Assam Rifles
(General Duty) RPE
(e) Havildar (Store By Remusteration. Remusteration
Keeper) Technical from amongst members of Assam Rifles
Engineer holding the rank of Rifleman from any
category in the Pay Band-I Rs. 5200-
20200 and Grade Pay of Rs. 2000 with
five years regular service in the grade
with upper age-limited of 35 years and
possessing the following education
qualification, namely
(i) Map Reading Standard Two
(ii) Promotion Cadre (N Cadre)
(iii) Store Keeper Technical Engineers
Course from Army or the Central Police
Organisation Institution.
(f) Nk To Hav (Store Direct Promotion (As per ROI 4/91)
Keeper) (i) ACE-II
(ii) AEC-II
(iii) MR-II
(iv) TT-II
(v) Promotion Cadre (N Cadre)
(vi) Minimum service 15 years and 02
years in same rank.
(vii) Last five ACR
(g) Rfn/Lnk to Nk (Store Direct Promotion (As per ROI 4/91)
Keeper) (i) Map Reading Stand-III
(ii) ACE-III
(iii) ACE-II
(iv) TT-II
(v) Minimum service - 10 years
(vi) ACR criteria not required
Whereas, all the petitioner Nos. 25 to 27 were promoted to the
rank of Naib Subedar/Engg (SKT) on fulfillment of requisite criteria and on
availability of vacancy in such post. Hence, demanding a promotional rank
as initial entry is not sustainable in the eyes of law that too after lapse of
more than 21 years and as such the present writ petition is liable to be
dismissed as having no merit and also on the ground of delay and latches.
[19] The recommendation of Fifth Central Pay Commission has also
been implemented by the Assam Rifles as per Government of India, Ministry
of Finance (Department of Expenditure) Notification No. 50(1)/IC/97 dated
30-09-1997. The revised pay scale as well as rank structure of Assam Rifles
as per above Notification dated 30-09-1997 are as under:-
Pay scales applicable
Sl. Pre-revised pay scale as
Rank w.e.f 01 Jan 96 as per
No per Fourth CPC
Fifth CPC
Subedar
(a) 2000-60-2300-EB-75-3200 6500-200-10500
Major
(b) Subedar 1640-60-2600-EB-75-2900 5500-175-9000
Naib
(c) 1400-40-1800-EB-50-2300 4500-125-7000
Subedar
Warrant
(d) - 4000-100-6000
Officer
(e) Havildar 975-25-1150-EB-30-1660 3200-85-4900
(f) Naik 950-20-1150-EB-25-1400 3050-75-3950-80-4590
2750-70-3800-75-4400
825-15-900-EB-20-1200
(g) Lance Naik with special pay of Rs.
plus Special Pay of Rs. 15/-
15/- pm
825-15-900-EB-20-1200
(h) Rifleman (Initial pay to be fixed at Rs. 2750-70-3800-75-4400
855/-)
The rank structure and pay scales of non-gazetted cadre of
Central Police Organisations and Assam Rifles were rationalized on
10-10-1997 vide Ministry of Home Affairs order No. 27012/1/97 PC Cell/PF.I
dated 10-10-1997. Accordingly, the rank of Lance Naik and Naik in the
Central Police Organisations and Assam Rifles were merged with the rank
of Constables/Rifleman and Head Constables/Havildar respectively.
Presently, the rank structure in the Central Police Organisations and Assam
Rifles have been rationalized as under.
SL. NO. OTHER CPOs ASSAM RIFLES
(a) Constable/Security Assistant Rifleman
(b) Head Constable Havildar
(c) Asst-Sub-Inspector Warrant Officer
(d) Sub-Inspector/ACIO-II Naib Subedar
(e) Inspector/ACIO-I Subedar
(f) Subedar Major Subedar Major
Subsequently after the rationalization, the pre-revised pay scales
and replacement pay scales in respect of above cadres w.e.f. 10-10-1997
are as under:-
Sl. Rank Structure Rationalized Replacement pay
No. re-revised pay scales
scales
(a) Constable/Security Rs. 950-1400 3050-70-4590
Assistant/ Rifleman
(b) Head Constable/ Havildar Rs. 975-1660 3200-85-4900
(c) Asst. Sub- Inspector/ Rs. 1320-2040 4000-100-6000
Warrant Officer
(d) Sub-Inspector/ACIO- Rs. 1400-2300 5500-175-9000
II/Naib Subedar
(e) Inspector/ACIO-I/Subedar Rs. 1640-2900 6500-200-10500
(f) Subedar Major Rs. 2000-3500 6500-200-10500
with Rs. 200/- pm
as appt pay.
The pay scales as applicable in Assam Rifles has been circulated
to all concerned vide HQ DGAR letter Nos. A/Pers/5th- Pay/97/21 dated
07-11-1997 and A/Pers/5th CPC/Vol-II/98 dated 24-08-1998 as under:-
Sl. Rank Pre-revised Pay scales Rationalized scale
No. pay scale as applicable w.e.f. of pay w.e.f. 10-10-
09-10-1997 as
per 5th CPC
Subedar 2000-60- 6500-200-10500 plus
(a) 6500-200-10500
Major 2300-EB-75- Rs. 200/-pm as appt
Sl. Rank Pre-revised Pay scales Rationalized scale
No. pay scale as applicable w.e.f. of pay w.e.f. 10-10-
09-10-1997 as
per 5th CPC
3200 pay.
1640-60-
(b) Subedar 2600-EB-75- 5500-175-9000 6500-200-10500
1400-40-
Naib
(c) 1800-EB-50- 4500-125-7000 5500-175-9000
Subedar
Warrant
(d) - 4000-100-6000 4000-100-6000
Officer
3200-85-4900 with
spl pay of Rs.50/- pm
for existing Havildar
975-25-1150-
(e) Havildar 3200-85-4900 (Rs. 50/- pm not
EB-30-1660
applicable for Naik
merged with
Havildar).
950-20-1150- 3050-75-3950- Rank of Naik merged
(f) Naik
EB-25-1400 80-4590 with Havildar
825-15-900- Rank of LNK merged
2750-75-3800-
EB-20-1200 with Rfn and granted
Lance 75-4400 with
(g) plus Special Rs. 30/- pm as spl
Naik special pay of
Pay of Rs. pay till promotion to
Rs. 15/- pm
15/- Havildar
825-15-900-
EB-20-1200
2750-75-3800- 3050-75-3950-80-
(h) Rifleman (Initial pay to
75-4400 4590
be fixed at
Rs. 855/-)
The above table clearly indicates the rank wise pay scales
applicable to Assam Rifles personnel. Nowhere, it shows that the pay scales
were given on the basis of technical qualifications of Class-I, Class-II or
Class-III etc. as contended by the petitioners. Passing of these classes/tests
is only an essential requisite for promotion to the next higher rank in the
organization. However. actual promotion is entirely based on fulfillment of
eligibility criteria, seniority and subject to availability of vacancies, which is
as per the organizational cum rank structure laid down for Assam Rifles as
per sanctioned Restructuring of Peace Establishment of Assam Rifles
conveyed vide Government of India, Ministry of Home Affairs letter
No. II.3015/3/96/PF.IV dated 19-08-2003.
The petitioners were enrolled as Rifleman/General Duty and the
rank of Warrant Officer is not in the hierarchy and in other trades the same
are promotional posts after acquiring requisite promotional criteria and
availability of vacancy. There is no post of Warrant Officer in the trade of
Engineer (SKT) in Assam Rifles and this is seen from the Assam Rifles
(Group 'C' Combatised Posts) Recruitment Amendment Rules, 2009,
notified vide G.S.R.130(E) dated 26-02-2009, the Assam Rifles (Group 'C'
Combatised Posts) Recruitment Rules, 2015, notified vide G.S.R.120 dated
16-06-2015 and the Assam Rifles Subedar Major Store Keeper Technical
(Engineers), Group 'B' (Combatised) Recruitment Rules, 2015 notified vide
G.S.R.226 dated 30-11-2015. The same can only be created if sanctioned
in cadre review or review of organizational structure of Assam Rifles by the
Government as and when the same is necessitated.
As per Office Memorandum No. 27011/103/97-PF.I/56 dated
22-01-1998 issued by the Ministry of Home Affairs, Government of India in
continuation of OM. dated 10-10-1997 and resolution dated 30-09-1997
clearly stipulated in paragraph 2 as under:-
"In the case of HC(RM) Gr.I and Gr.II and HC (Draughtsman),
since the Pay Commission has given the replacement pay scale of Rs. 4000-
6000/- in respect of these three categories of post in CPMFs, these three
categories may be redesignated as ASI in the pay scale of Rs. 4000-6000/-.
As regards other categories of HC, in any CPMFs, such as HC(RO, Cry) etc.
these posts will continue to be known as HC in the relevant scale of pay
approved by the Government".
From the aforementioned Office Memorandum, it is very clear
therefrom that only the rank of HC (RM) and HC (Draughtsman) are to be
redesignated as ASI. The other categories of the Head Constable in any
CPMFs such as HC (RO, Cry) etc., were to retain their present rank.
Therefore, the provisions of OM dated 22-01-1998, as contended by the
petitioners for redesignation to the rank of Warrant Officer is not sustainable
and without any basis.
That case of introducing the rank of Warrant Officer in the Head
Constable (Havildar) Radio Mechanic and Head Constable (Havildar)
Draughtsman was taken up with Ministry. The Ministry vide its Office
Memorandum No. 27011/103/97-PF dated 03-03-1998 intimated that
Assam Rifles can redesignate HC (RM) as ASI or equivalent in the Assam
Rifles which is Warrant Officer, if pre-revised pay scales of HC(RM) in
Assam Rifles and revised pay scales are identical to the pay scales of HC
(RM) in BSF and CRPF.
[20] The petitioners are quoting non-existence order dated
04-07-2002 said to have been issued by the Ministry of Home Affairs. The
petitioners have annexed a letter dated 28-07-1998 as ANNEXURE-A/6 to
the writ petition to bring parity in respect of pay, rank and status of Assam
Rifles at par with other category by introducing the rank of Warrant
Officer/Assistant Sub-Inspector at the entry level in consonance with
aforesaid letter dated 28-07-1998 which cannot be the basis since, letter
mentioned above are policy decision not applicable to the category of
Engineer (Store Keeper Technical). Rank structure of Assam Rifles group C
employees was rationalized vide Ministry of Home Affairs Office
Memorandum dated 10-10-1997. The Headquarters Director General
Assam Rifles vide letter dated 28-07-1998 has amended the Sub Para (i) to
para 14 (a) of English and Hindi Version of "Baat Chit" a Defence Magazine
which was circulated to the environment for information which cannot be an
authority for grant of Warrant Officer rank.
[21] The Hon'ble Supreme Court in its judgment and order dated
02-09-2012 in SLP No. 6241 of 2012 pertains to a case filed by Savendra
Singh Chauhan, a Rifleman/Operator Radio and Line and the said case has
no relevancy with the present writ petition. The Hon'ble Court in the said
case directed to upgrade the petitioner to the rank of Havildar after passing
of ORL Class III. The present petitioners are not similarly situated with the
personnel of Operator Radio and Line category as contended. The
recruitment rules, educational qualification and job profile of both the
categories differs vastly. Hence, the judgment and order passed by the
Hon'ble Court in the case pertaining to the Rifleman/ORL is not applicable
for the present petitioners. The comparison made by the petitioners with
Operator Radio and Line category is unwarranted and not sustainable in the
eyes of law.
[22] Pay structure of Rs. 4500-7000/- is only approved for the common
category posts of Pharmacists cadre. Further, based on the
recommendation of Fast Track Committee, Government of India, Ministry of
Finance, Department of Expenditure vide letter No. F.No. 1/1/2008-IC dated
18-11-2009 accepted the recommendation of Fast Track Committee and the
same is applicable with effect from 01-01-2006. The pay scale of Rs. 4500-
7000/- is not applicable for any trade/category serving with Assam Rifles
except Pharmacist category. The pay scale of Rs 4500-125-7000 quoted by
the petitioner is baseless and misleading the Hon'ble Court. The pay of
Rs. 4500-125-7000/- is applicable to the category of Pharmacist who are in
possession of 10+2 educational qualification and 2 years Diploma in
Pharmacy. Hence, the comparison of the petitioners with the Pharmacist
category is totally misconceived and an attempt to mislead the Hon'ble
Court. Hence, the contention of the petitioners that on the recommendation
of 5th Pay Commission, the Central Government accepted the scales of
Rs. 4500-125-7000/- and granted the post of Havildar to Warrant Officer
which became effective from 10-10-1997 vide OM dated 22-01-1998 also
made applicable to all the Central Police Organisations is bereft of merit and
liable to be rejected.
[23] One, Dineshan K.K filed WP(C) No. 497 of 2001 before the
Agartala Bench of the Gauhati High Court, praying for "directing the
respondents to bring about the parity in respect of the Radio Mechanic of
the communication wing of the Assam Rifles with the Radio Mechanic of the
communication wing of the Delhi Police and BSF by granting same pay scale
to the Radio Mechanic of the communication wing of Assam Rifles which
are admissible to the Radio Mechanic of the communication wing of BSF
and also bring about parity in respect of the rank and pay structure with their
technical trades" and the Hon'ble High Court disposed of the case by its
judgment and order dated 11-02-2005 with directions that "the Union of
India's permission to redesignate the Hav(RM) as Warrant Officer
communicated by letter No. 27011/103/97-PV.I dated 03-03-1998 shall be
carried out and the same pay scale as admissible to the counterparts of
CRPF and BSF shall be given with effect from the same date and the rider
stated therein shall have no effect and be ignored in view of the acceptance
by Union of India that the members of Assam Rifles shall get same rank
structure with that of other Central Police Organisation. This direction shall
be implemented within a period of three months from the date of this order".
In the light of the Hon'ble Gauhati High Court order dated 11-02-2005, the
post of Havildar (RM) was redesignated to that of Warrant Officer in the pre-
revised pay scale Rs. 4000-6000/- with effect from 10-10-1997. Since as per
Ministry of Home Affairs Office Memorandum No. 27011/103/97-PF.I/56
dated 22-01-1998, which was issued in continuation to the OM dated
10-10-1997 and resolution dated 30-09-1997, clearly indicates that "In the
case of HC (RM) Gr.I and Gr.II and HC (Draughtsman), since the Pay
Commission has given the replacement pay scale of Rs. 4000-6000/- in
respect of these three categories of post in CPMFs, these three categories
may be redesignated as ASI in the pay scale of Rs. 4000-6000/-. As regards
other categories of HC, in any CPMFs, such as HC(RO, Cry) etc. these post
will continue to be known as HC in the relevant scale of pay approved by the
Government". It is reiterated that in the Office Memorandum, it is very clear
there from that only the rank of HC (RM) and HC(Draughtsman) are to be
redesignated as ASI. The other categories of the Head Constable in any
CPMFs such as HC(RO, Cry) etc., were to retain their present rank.
Therefore, the provisions of the OM dated 22-01-1998, as contended by the
petitioners for re-designation to the rank of Warrant Officer is not sustainable
and without any basis.
[24] WP(C) No. 820 of 2013 was filed by Havildar (Pharmacist) Amir
Singh of 30th Assam Rifles & 19 others before this Hon'ble Court, seeking a
direction to set aside the relevant portion of impugned Assam Rifles
Pharmacists Group 'C' Combatised Post Recruitment Rules, 2013 as null
and void and implement the recommendation of 6th Central Pay Commission
and the Fast Track Committee report as forwarded vide Government of
India, Ministry of Finance, Department of Expenditure (Implementation Cell),
OM dated 18-11-2009 for grant of financial upgradation under Modified
Assured Career Progression Scheme (MACPS), in regard to the entry Grade
Pay of Pharmacist in Assam Rifles and for providing upgradation of the
petitioners to the rank of Naib Subedar with Grade Pay of Rs 4,200/- as
already implemented in other similarly situated Central Armed Police Forces
(CAPFs).
[25] Mr. Kh. Lupenjit, learned counsel for the petitioners, submits that
relying on the decisions of the Hon'ble Supreme Court in the case of Union
of India v. Dineshan K.K.: (2008) 1 SCC 586 and Division Bench of Gauhati
High Court in WA No. 50(SH) of 2010, this Court, in judgment dated 30-
04-2024 in WP(C) No. 675 of 2022: Shri Anirudh Kumar & Ors. v. Union
of India & Ors., directed Assam Rifles to grant/upgrade the Warrant Officer
(Radio Mechanic) in Assam Rifles equivalent to ASI (Radio Mechanic) in
BSF/ITBP/CRPF from the date of their initial entry level with all
consequential reliefs. It is stated that the present case is covered by the
judgment of the Anirudh case (supra) with the exception that in the present
case, the petitioners are praying for upgradation from the date of re-
mustered. Relevant para in Anirudh case is reproduced below:
[19] The decision in 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 Hon'ble Supreme Court, Gauhati High Court and
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.
[26] Mr. Kh. Lupenjit, learned counsel for the petitioners submits that
the writ petition may be disposed of by passing similar directions as in order
dated 30.04.2024 passed by this Court in WP(C) No. 675 of 2022 [Anirudh
case], however conferring the all financial benefits from the date of
remustration.
[27] On the other hand, Mr. B R Sharma, learned CGSC appearing on
behalf of the respondents submits that the present case is not factually
similar to the case of Anirudh (supra). It is also pointed out that writ appeal
is pending before the Division Bench of this Court challenging the
correctness of the judgment dated 30.04.2024 in WP(C) No. 675 of 2022:
Shri Anirudh Kumar & Ors. v. Union of India & Ors. and as such the
present case cannot be disposed of on the basis of the referred-judgment.
[28] This Court considers the materials on record, the submissions of
the learned counsel for the parties and the decisions cited at bar. The reliefs
prayed by the petitioners herein are similar to that granted in the Anirudh
case (supra). It may be important to note that Anirudh case was decided on
the basis of the decision of the Hon'ble Supreme Court in the case of
Dineshan K.K. (supra). High Courts including this Court have been relying
the decision in Dineshan K.K. (supra) and this Court is of the view of that
pendency of appeal before the Division Bench against the Anirudh case
(supra) will not dilute the decision of the Hon'ble Supreme Court in the case
of Dineshan K.K. (supra). One difference from the Anirudh case (supra)
is that the petitioners are praying for benefits from the date of remustration
and not from the date of initial entry.
[29] In the circumstances, the writ petition is disposed with the
following directions that:
(i) The petitioners should be given the rank of Warrant Officer w.e.f.
10-10-1997 i.e. the date of remustered/merger with the Hav/SKT
(Engg) [for Petitioner Nos. 1 to 24] and wef 10-10-1997 till 18-12-2011
i.e. the date of promotion date to the rank of Nb/Sub/SKT (Engg) [for
the petitioner Nos. 25 to 27] as per recommendation of the 5th Central
Pay Commission as such the petitioners should be given financial
benefits of pay of Havildar/SKT by re-fixing to Warrant Officer rank and
pay of Rs. 4000-100-6000/- w.e.f. 10-10-1997 and in respect of
petitioner Nos. 25 to 27 w.e.f. 10-10-1997 till 18-12-2011 i.e. the date
of promotion date to the rank of Nb/Sub/SKT (Engg) because the
petitioners have rendered their service as Havildar/SKT since 10-10-
1997 till 18-12-2011 i.e. the date of promotion to Nb/Sub/SKT (Engg).
(ii) The whole exercise shall be completed within a period of three
months from the date of receipt of a copy of this order.
(iii) Registry is directed to send a copy of this order the Director
General, Assam Rifles at Shillong for information and necessary
compliance.
JUDGE
FR/NFR
Victoria
KH. Digitally signed by
KH. JOSHUA
JOSHUA MARING
Date: 2025.05.27
MARING 16:05:56 +05'30'
