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2008 Supreme(SC) 12

D.K.JAIN, C.K.THAKKER
Union of India – Appellant
Versus
Dineshan K. K. – Respondent


Counsels for the parties :
For the Appellants :B. Dutta, A.S.G., Ms. Sunita Sharma and Ms. Sushma Suri, Advocates.
For the Respondent:Ranjit Kumar, Sr. Adv., K.V. Vishwanathan, Hiren Dasan, Kalyan Bhaumik, Dhirendra Kumar Misra and Mrs. Sarla Chandra, Advocates.

judgment

D.K. Jain, J. —

1.Delay condoned.

2.Leave granted.

3. This appeal by the Union of India and the Director General of Assam Rifles arises out of the judgment and order dated 11th February, 2005 rendered by the Gauhati High Court in WP (C) No.497 of 2001. By the impugned order, while allowing the writ petition, directions have been issued that the permission granted by the Union of India vide its letter dated 3rd March, 1998, to re-designate the rank of Havildar (Radio Mechanic) as Warrant Officer as recommended by the Ministry of Home Affairs shall be carried out and the pay scale as admissible to their counterparts in the Central Reserve Police Force (CRPF) and the Border Security Force (BSF) shall be granted from the same date.

4.The nub of the grievance of the writ petitioner, working in the rank of a Radio Mechanic in the Assam Rifles was that the Ministry of Home Affairs and the Director General of Assam Rifles having accepted in principle that the members of the Assam Rifles, should be given the same rank and pay structure as was given to other central paramilitary forces, yet the same had been denied to them. It was pleaded that as the Ministry of Home Affairs had convey























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