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2014 DIGILAW 91 (MEG)

Madhuvendra Singh v. Union of India

2014-05-08

T.NANDAKUMAR SINGH

body2014
JUDGMENT Heard Mr. H.G. Baruah, learned counsel for the petitioners and Mr. S.C. Shyam, learned senior counsel assisted by Mr. B. Deb, learned counsel appearing for the respondents. 2. The prayer in this writ petition, jointly filed by 2269 petitioners is for a direction to the respondent authorities to give appropriate rank and pay scales to the petitioners as per recommendation of the 5th Pay Commission and Office Memorandum dated 22.01.1998. Learned counsel appearing for the petitioners Mr. H.G. Baruah at the very outset of the hearing strenuously contended that the present writ petition is squarely covered by the judgment and order of the Division Bench of the Gauhati High Court dated 22.09.2011 passed in W.A. No.50(SH)2010 filed by the Riflemen/ORL Salvendra Singh Chauhan against the Union of India represented by (i) the Secretary to the Govt. of India, Ministry of Home Affairs, North Block, New Delhi: 110001 (ii) The Director General Assam Rifles Mahanideshalaya, (The Directorate General of Assam Rifles) Shillong, Meghalaya and (iii) The State Officer 1 (A), Mahanideshalaya, (The Directorate General of Assam Rifles) Shillong, Meghalaya. It is an admitted case of the parties that the appellant of the said Writ Appeal No.50(SH)2010 is also a Rifleman/ORL of the same organization i.e. Assam Rifles, under which the petitioners are presently working as Rifleman/Operator Radio & Lines and Havilder/ Operator Radio & Lines (for short ‘ORL’) as non-gazetted cadre in the different units. It is also the admitted case of the parties that the petitioners belong to the combatised category of the Assam Rifles. 3. The 5th Pay Commission setup by the Govt. of India passed a Resolution dated 30.09.1997 and under Para 7 of the said Resolution, it was resolved that “in respect of personnel of Central Police Organisations, in the rank from Constable to Subedar Major, Ministry of Home Affairs will carry out an exercise for rationalization of ranks so as to achieve parity with Delhi Police, pending which the scales recommended by the Fifth CPC will be applied. In pursuance of Para 7 of the said Resolution, the Ministry of Home Affairs, Govt. of India issued the order that “the President of India is pleased to rationalize the pre-revised pay scales and replacement pay scales in respect of the categories of officers in the Central Police Organisations. In pursuance of Para 7 of the said Resolution, the Ministry of Home Affairs, Govt. of India issued the order that “the President of India is pleased to rationalize the pre-revised pay scales and replacement pay scales in respect of the categories of officers in the Central Police Organisations. For easy reference, the order dated 10.10.1997 is quoted hereunder:- “No.27012/1/97 PC Cell/PF-1 Government of India, Ministry of Home Affairs, New Delhi, the 10th October, 1997. In pursuance of para 7 of the Ministry of Finance, Department of Expenditure, Resolution No.50(1)/IC/97 dated 30 Sept., 1997, the President is pleased to rationalize the rank structure and pay scales of non-gazetted cadre of Central Police Organisations. As a result of this exercise the rank of Lance Naiks and Naiks in the Central Police Organisation will be merged with the rank of Constables and Head Constables respectively. Accordingly, the rank structure in the Central Police Organisations will be as indicated below:- 1. Constable/Security Assistant 2. Head Constable 3. Asstt. Sub-Inspector 4. Sub-Inspector/ACIO-I 5. Inspector/ACIO-I 6. Subedar major 2. The President is also pleased to rationalize the pre-revised pay scales and replacement pay scales in respect of the above cadres as indicated below:- Sl . No. Rank Structure Rationalised Pre-revised pay scales Replacement pay scales 1. Constable/Security Assistant Rs.950-1400 Rs.3050-70-4590 2. Head Constables Rs.975-1660 Rs.3200-85-4900 3. Asst.Sub -Inspector Rs.1320-2040 Rs.4000-100-6000 4. Sub-Inspector/ACIC-II Rs.1640-2900 Rs.5500-175-9000 5. Inspector/ACIC-I Rs.2000-3200 Rs.6500-200-10500 6. Subedar Major Rs.2000-3500 Rs.6500-200-10500 3. The existing lance Naiks and Head Constables in these Organisations will be allowed a Special Pay/Appointment pay of Rs.30/- and Rs.50/- per month respectively. These personnel will continue to draw this special pay/Appointment pay till they are promoted to the next higher grade or till they vacate the post on attrition. 4. It has also been decided to allow in appointment pay of Rs. 200/- per month to the Subedar Major in the Central Police organizations. 5. The above orders will be effective from the date of issue. For the period from 01.01.96 till the issue of this order, the pay in the revised scale will be regulator in accordance with the provisions of the Central Civil Service (Revised) Pay Rules, 1997. 6. This issue with the concurrence of Department of Expenditure vide their UC No. 2130/Director (P)/97 dated 9th October, 1997 and Integrated Finance Division of MHA vide their Dy. No. 1670/Fin-III/97 dated 10.10.97. 6. This issue with the concurrence of Department of Expenditure vide their UC No. 2130/Director (P)/97 dated 9th October, 1997 and Integrated Finance Division of MHA vide their Dy. No. 1670/Fin-III/97 dated 10.10.97. Sd/-xxxx (OP Arya) Joint Secretary to the Govt. of India” 4. The Ministry of Home Affairs, Govt. of India, issued an Office Memorandum dated 22.01.1998 for fixation of pay on rationalization of pay scale w.e.f. 10.10.1997 in the Central Para Military Forces and under that Office Memorandum dated 10.10.1997, the different categories belong to combatised category, shall be re-designated as ASI in the scale of pay of Rs.4000-6000/- and as regards with the other categories of HC, in any of CPMFs, such as HS(RO, Cry) etc., shall continue to be know as HC in the relevant scale of pay approved by the Govt. The said Office Memorandum dated 22.01.1998 (Annexure-IV to the writ petition) is quoted hereunder:- “No.27011/103/97-PF.I/56 Government of India/Bharat Sarkar, Ministry of Home Affair/Grih Mantralaya, North Block New Delhi, the 22nd Jan 98. OFFICE MEMORANDUM Subject:- FIXATION OF PAY ON RATIONALISATION OF PAY SCALE WITH EFFECT FROM 10.10.97 IN THE CENTRAL PARA MILITARY FORCES. In the context of certain doubts expressed by the Central Para Military Forces in fixation of pay of certain non-gazetted personnel of the CMPFs with effect from 10.10.97, vide order No.27011/97-PC Cell/PF.I dated 10.10.97, it is hereby clarified that the orders are equally applicable to all combatised categories. For example, the HC(RM) will be given the replacement pay scale of Rs.3200-4900, as provided by the Government, in the said orders for HCs and will continue to be known as HC(RM). 2. 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 posts in CPMFs, these three categories may be re-designated as ASI in the scale of pay of Rs.4000-6000/-. As regards other categories of HC, in any of CMPFs, 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. 3. This issue with the concurrence of Integrated Finance Division of this vide their Dy.No.305/97-Fin.II dated 22nd January, 1998. Sd/-xxxx (Gopinathan) Desk Officer.” 5. As regards other categories of HC, in any of CMPFs, 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. 3. This issue with the concurrence of Integrated Finance Division of this vide their Dy.No.305/97-Fin.II dated 22nd January, 1998. Sd/-xxxx (Gopinathan) Desk Officer.” 5. The Court, in order to satisfy itself, asked the questions i.e. (i) as to whether the present petitioners belong to the combatised category; and (ii) also as to whether the petitioners belong to the members of the Central Para Military Forces? to the learned counsel appearing for the parties. Learned counsel for the petitioners Mr. H.G. Baruah and Mr. S.C. Shyam, learned senior counsel for the respondents, unanimously replied that the petitioners belong to the combatised category and they are also the members of the Central Para Military Forces. Further, the Ministry of Home Affairs, Govt. of India issued another Office Memorandum dated 03.03.1998 wherein, it is stated that the said Office Memorandum dated 22.01.1998 is quite clear and the pre-revised pay scales of the members of the Assam Rifles who belong to the combatised category should also be revised to the pay scales identical to the revised pay scales of HC(RM) in BSF and CRPF. The Office Memorandum dated 03.03.1998 (Annexure-V to the writ petition) is quoted hereunder:- “No.27011/103/97-PF Government of India Ministry of Home Affairs New Delhi-110001 Dated: 03.03.1998 OFFICE MEMORANDUM Subject: Fixation of pay on rationalization of pay-scales with effect from 10.10.1997 in the Central Para Military Forces. The undersigned is directed to refer to DGAR’s letter No.A/Para/5th CPC /Vol.III/98 dated 19/8.02.1998 on the subject cited above. 2. In this connection it may be stated that the orders dated 22.01.1998 are quite clear. If the pre-revised pay scale of HC(RM) in AR and revised pay-scales are identical to the pay scales of HC(RM) in BSF and CRPF etc., HC(RM) in AR can be re-designated as ASI or equivalent in AR. Sd/-xxxx (Gopinathan) Desk Officer.” 6. Mr. H.G. Baruah, learned counsel for the petitioners by relying on the Office Memoranda dated 22.01.1998 and 03.03.1998 contended that the Ministry of Home Affairs, Govt. Sd/-xxxx (Gopinathan) Desk Officer.” 6. Mr. H.G. Baruah, learned counsel for the petitioners by relying on the Office Memoranda dated 22.01.1998 and 03.03.1998 contended that the Ministry of Home Affairs, Govt. of India had already clarified that the revision of pay scale of the petitioners who belong to the combatised category of Assam Rifles under the 5th Pay Commission should be to the pay scale identical to the pay scales of HC (RM) in BSF and CRPF etc. and the categories of posts under Assam Rifles which belong to the combatised category shall also be re-designated as ASI or equivalent in AR (Assam Rifles). Learned counsel for the petitioners also submitted that one of the Riflemen ORL of Assam Rifles, as stated above, had approached the Gauhati High Court by filing WP(C) No.32(SH)2008 and Writ Appeal No.50(SH)2010 for extending the benefits of revision of pay scale under the said Memoranda dated 22.01.1998 and 03.03.1998, which had been quoted above in extenso to the Rifleman/ORL of Assam Rifles. The Division Bench of the Gauhati High Court as stated above, had already been allowed the Writ Appeal No.50(SH)2010 by passing the judgment and order dated 22.09.2011 directing the respondents i.e. the present respondents to give appropriate rank and pay scale to the petitioner (writ petitioner/appellant) as per the recommendation of the 5th Pay Commission and Office Memorandum dated 22.01.1998 (had been quoted above). Against the said judgment and order of the Division Bench dated 22.09.2011, the respondents filed Special Leave to Appeal (Civil) being No.6241/2012 before the Apex Court and the Apex Court had dismissed the Special Leave to Appeal (Civil) vide order dated 02.07.2012. After the dismissal of the Special Leave to Appeal (Civil), the respondents had complied with the directions of the Division Bench of the Gauhati High Court dated 22.09.2011 passed in WA No.50(SH)2010 by passing an order dated 26.12.2012 (Annexure-XII to the writ petition) which is quoted hereunder:- “MAHANIDESHALAYA ASSAM RIFLES DIRECTORATE GENERAL ASSAM RIFLES SHILLONG-11. ORDER I.19012/02/0089/Prom-ORL/2012/Adm-I/415 Dated 25 Dec 2012 1. In deference to the Hon’ble Gauhati High Court, Shillong Bench Judgment and Order passed in WA No.50(SH)2010 filed by Rfn./ORL Savendra Singh Chauhan Vs. UOI and others dated 22 September 2011, No.S/358916Y Rfn/ORL Savendra Singh Chauhan of 4 Assam Rifles has been re-designated/upgraded to Havildar.ORL w.e.f. 16 Jun 2001 in the pre-revised pay scale of Rs.3200-85-4900/-. 2. In deference to the Hon’ble Gauhati High Court, Shillong Bench Judgment and Order passed in WA No.50(SH)2010 filed by Rfn./ORL Savendra Singh Chauhan Vs. UOI and others dated 22 September 2011, No.S/358916Y Rfn/ORL Savendra Singh Chauhan of 4 Assam Rifles has been re-designated/upgraded to Havildar.ORL w.e.f. 16 Jun 2001 in the pre-revised pay scale of Rs.3200-85-4900/-. 2. 4 Assam Rifles will publish BRO Part II Order for re-designation/upgradation of above individual to the rank of Havildar/ORL. Authority: Min of Finance (Expenditure) UO No.19(18)/E.III.B/2012 dt.16 August 2012 and Note Sheet No.I.19012/S. S. Chauhan/Adm-I/2012 dated 08 Sep 2012. Sd/- (J. S. Yadav) Lt.Col, Offg Col (Records) for Brig (Pers).” 7. In the above factual backdrop, it is clear that the judgment and order dated 22.09.2011 passed by the Division Bench of the Gauhati High Court in Writ Appeal No.50 (SH)2010 shall also squarely cover the case of the present writ petitioners and accordingly, the respondents are directed to give the benefits of the judgment and order of the Division Bench of the Gauhati High Court dated 22.09.2011 to the writ petitioners; and in otherwords, the respondents shall provide/give appropriate rank and pay scale to the petitioners as per the recommendation of the 5th Pay Commission and Office Memorandum dated 22.01.1998 within a period of 8 (eight) months from the date of receipt of a certified copy of this judgment and order. 8. With the above observations and directions, this writ petition is disposed of.