C/5023374 Hav/Clerk L Tomba Singha And Ors. S/o Sanatomba Singha v. Union Of India
2025-05-20
KARDAK ETE
body2025
DigiLaw.ai
JUDGMENT : KARDAK ETE, J. Heard Mr. B. Pathak, learned counsel for the petitioners. Also heard Mr. S.S. Roy, learned CGC appearing for all the respondents. 2. By filing this writ petition, the petitioners have prayed for a direction to the respondent authorities to grant the benefit of rank structure, status and pay scale of Assistant Sub Inspector (Warrant Officer) in the pay scale of 1320-2014 (4000-6000) with effect from the date of enrollment in terms of the order dated 23.08.2012 passed in WP(C) No.(SH) 277 of 2010 and order dated 17.02.2023 passed in WP(C) 198/2019 as well as order dated 18.03.2025 passed in WA 12/2023 by the High Court of Meghalaya. 3. The petitioners, 422 in numbers, were initially appointed as Havildar/Clerk in the Assam Rifles, a cadre post in clerical grade, and are working in the same capacity at different units in the State of Assam under the Ministry of Home Affairs. 4. It is contended that the respondent authorities had failed to implement the 5th Pay Commission recommendation and at that point of time different serving personnel raised the issue that the post of Lance Naik and Naik of the clerical cadre of Assam Rifles were required to be merged with the post of Assistant Sub-Inspector (Warrant Officer) in order to bring parity in the rank structure and pay of clerical cadre with other Central Police Organizations. Some of the Havildar Clerks who were similarly situated to the present petitioners have approached before this Court by filing WP(C) 277 (SH)/2010 praying for parity in pay, rank and status at par with other Central Police Organizations by introducing the rank of Assistant Sub-Inspector (Warrant Officer) at the entry grade w.e.f. 01.01.1986 in the scale of pay of Rs.1320-2040 w.e.f. 01.01.1996 with all consequential benefits in the light of the Government of India Memorandum dated 10.10.1997. 5. The writ petition was disposed of by an order dated 23.08.2012 with a direction to the respondent authorities to revise the rank and pay of the clerical cadre by introduction of the rank of warrant officer and to give effect to the benefits from 01.01.1986. The relevant paragraph is quoted herein below:- “14. In the result, this writ petition stands disposed of with the direction to the respondent No.2, the Director General of Assam Rifles to take up the matter again with the respondent No.1, i.e. the Secretary to the Govt.
The relevant paragraph is quoted herein below:- “14. In the result, this writ petition stands disposed of with the direction to the respondent No.2, the Director General of Assam Rifles to take up the matter again with the respondent No.1, i.e. the Secretary to the Govt. India, Ministry of Home Affairs to bring parity in respect of rank structure and pay of the Assam Rifles clerical cadre at par with other CPOs by introducing rank of Assistant Sub-Inspector (Warrant Officer) at the entry grade w.e.f. 1.1.1986 in the scale of pay of Rs1320-2040 (revised Rs.4000-6000) w.e.f. 1.1.1996 or any other date as the authority deem it fit and proper with all consequential service benefits in the light of the Government of India, Ministry of Finance resolution dated 20.9.1997 communicated through MH. letter bearing No.2701-02/1/97 PC Cell/Pef-1 dated 10.10.1997. The whole exercise would be completed within a period of 6 (six) months from the date of receipt of a certified copy of this judement and order” 6. The aforesaid order the Court was taken to an appeal by way of WA (SH) 40/2012 by the respondent authorities which was disposed of on 30.04.2013 by modifying the order of the learned Single Judge to the extent that the arrear financial benefits to be given to the petitioners in pursuance of the judgment and order of the learned Single Judge dated 23.08.2012 shall be w.e.f. the date of filing of the writ petition i.e. from January, 2010. Against the order of the Division Bench, the petitioners as well as the Union of India have approached the Hon’ble Supreme Court by separate SLPs. By an order dated 17.11.2015, the Supreme Court dismissed the Civil Appeals filed by Union of India. However, the appeal of the petitioners was disposed of by restoring the judgment and order of the learned Single Judge. Thereafter, the petitioners in that writ petition, were granted the benefit as directed by the learned Single Judge. However, some of the petitioners in the said writ petition were left out as the respondent authorities has granted the benefit to only those Havildar Clerk who have been appointed prior to 2002. 7 .
Thereafter, the petitioners in that writ petition, were granted the benefit as directed by the learned Single Judge. However, some of the petitioners in the said writ petition were left out as the respondent authorities has granted the benefit to only those Havildar Clerk who have been appointed prior to 2002. 7 . Being aggrieved by such decision of the respondent authorities, some of the Havildar Clerks have again approached the High Court of Meghalaya, which was allowed by the learned Single Judge, thereafter, the matter was taken to Hon’ble Supreme Court, which was ultimately dismissed. On dismissal of the SLP of the respondent authorities, vide order dated 08.07.2024, some of the Havildar/Clerk were granted the benefits of rank and pay of Warrant Officer in compliance of the order dated 17.02.2023 passed in WP(C) 198/2019. Again 635 Havildar/Clerk approached the Meghalaya High Court by filing WP(C) 244/2019 who had left out from the above benefits. However, the same was dismissed by the learned Single Judge vide judgment and order dated 05.12.2022 on the ground of being fence sitters, who have failed to join the earlier round of litigation and Recruitment Rule 2002 was not challenged by them when the initial rank was given as Havildar. Against the said dismissal, the same was taken to appeal before the Division Bench in WA 12/2023 and the Division Bench vide its judgment and order dated 18.03.2025 has set aside the judgment and order of the learned Single Judge and has held that the Recruitment Rules, 2002 only renamed the erstwhile post of writer as Havildar th whereas, the post of Warrant Officer was to be introduced as per 5 Pay Commission. The 2002 Rules were already in force while the judgment dated 23.08.2012 was passed, the Directorate of Assam Rifles had to introduce the rank and pay of Warrant Officer at the entry Grade of Clerical Cadre as Ex-cadre post without there being provided in the recruitment rule. The same was thereafter introduced as ex-cadre post without amendment to the recruitment Rules. Hence, 2002 recruitment rules cannot be an impediment. 8 . Mr.
The same was thereafter introduced as ex-cadre post without amendment to the recruitment Rules. Hence, 2002 recruitment rules cannot be an impediment. 8 . Mr. B. Pathak, learned counsel for the petitioners submits that the judgment of the Division Bench of the Meghalaya High Court in WA 12/2023 squarely covers the case of the petitioners as the present petitioners are also working as Havildar/Clerk in the Assam Rifles serving in the State of Assam and the petitioners in WP(C) 244/2019 and WA 12/2023 are similarly situated persons working as Havildar/Clerk in the State of Meghalaya. Since the Division Bench of the High Court of Meghalaya in WA 12/2023 vide order dated 18.03.2025 has decided the matter and directed the respondent authorities to grant the same benefit as per the judgment and order dated 23.08.2012 which has attained finality, the petitioners are also equally entitled to be extended the benefit in terms of the judgment and order dated 23.08.2012 passed in WP(C) 277(SH)/2010 and therefore, prays for similar direction to the respondent authorities to extend similar relief to the present petitioners. 9 . Mr. S.S. Roy, learned CGC fairly submits that since the issue has attained finality, in view of the fact that the judgment of the learned Single Judge of High Court of Meghalaya vide order dated 23.08.2012 passed in WP(C) No.277(SH)/2010 has been upheld by the Hon’ble Supreme Court and the subsequent order of the Division Bench in WA 12/2023 vide judgment and order dated 18.03.2025, the petitioners are also entitled to the similar relief and benefit as they are similarly situated persons with that of the petitioners in the above writ petitions and writ appeal. 10 . Having considered the submissions of the learned counsel for the parties and also on perusal of the various proceedings before the High Court of Meghalaya and before the Hon’ble Supreme Court, wherein the Hon’ble Supreme Court has finally restored the judgment and order dated 23.08.2012 passed by the learned Single Judge in WP(C) 277(SH)/2010, I am of the view that no further determination would be required on the issue and deem it appropriate to dispose of this writ petition. 11 .
11 . As noted hereinabove, the persons who are working as Havildar/Clerk in the Assam Rifles and serving in the State of Meghalaya approached this Court and accordingly, the learned Single Judge by way of WP(C) 277 (SH)/2010 has disposed of the writ petition with a direction to the respondent authorities to bring parity in respect of rank structure and pay of the Assam Rifles clerical cadre at par with other CPOs by introducing rank of Assistant Sub-Inspector (Warrant Officer) at the entry grade w.e.f. 01.01.1986. The Hon’ble Supreme Court vide order dated 17.11.2015 has restored the aforesaid order and direction of the learned Single Judge on the Civil Appeal filed by the petitioners in the aforesaid cases against the order passed by the Division Bench of High Court of Meghalaya while dismissing the Civil Appeal of the Union of India. 12 . In such view of the matter, the issue to bring parity in respect of rank structure and pay of the Assam Rifles clerical cadre at par with other CPOs by introducing rank of Assistant Sub-Inspector (Warrant Officer) at the entry grade w.e.f. 01.01.1986 has attained finality and therefore, requires no consideration. It is also seen that after the proceedings before the High Court as well as Supreme Court, the respondent authorities have granted relief to the petitioners in those cases particularly to those Havildar/Clerk in the Assam Rifles serving in the State of Meghalaya. Further similar relief has already been granted by the High Court of Meghalaya in the subsequent proceedings and WA No.12/2023 to the similarly situated persons. 13 . Having considered the above facts and circumstance as well as in view of the orders passed by the High Court of Meghalaya as well as Supreme Court, it would be appropriate to direct the authorities to provide similar relief to the petitioners as provided to other similarly situated persons. 14 . Accordingly, the respondent authorities are directed to issue appropriate order by granting the benefit of rank structure, status and pay scale of Assistant Sub-Inspector (Warrant Officer) to the petitioners w.e.f. the respective date of enrolments in terms of the benefits already extended to the clerical grades by implementation of the judgment and order dated 23.08.2012 passed in WP(C) 277 (SH)/2010 . 15 .
15 . The aforesaid exercise as directed hereinabove shall be completed within a period of 5 (five) months from the date of receipt of the certified copy of this order. 16 . Writ petition stands disposed of accordingly.