JUDGMENT: (Per the Honourable Sri Justice A.Gopal Reddy)

A short question that arises for consideration in all these writ appeals is whether the ancillary staff of Railway Protection Force (herein after called as "the Force") are entitled to draw the same scales as admissible to other enrolled members of the force (combative staff).

W.P.Nos.15161/1991 and 20028/2000 were filed by the ancillary staff, and W.P.Nos.15493/2000 and 18413/2000 were filled by the Railway Protection Force Association for issuing a Mandamus by directing the respondents to implement the pay scales as mentioned in Rule 78 of the Railway Protection Force Rules, 1987 (for short "the Rules") by declaring that the ancillary staff do come under the category of Constables, Naiks, Head Constables as per Rules 75 and 78 of the Rules and to fix the pay scales accordingly by paying arrears.

By the impugned order dt.29-07-2002 a learned single Judge of this Court allowed W.P.Nos.15161/1991, 15493/2000 and 20028/2000 declaring that the petitioners/ancillary staff shall be entitled to be paid the pay scales stipulated under Rule 78 of the Rules for the corresponding main force and as revised from time to time including the arrears of difference of pay scales. Aggrieved by the same, the appellants-respondents filed W.A.Nos.763/2003, 186/2003, and 873/2003 respectively. Following the judgment dt.29-07-2002 rendered by him, the same learned Judge allowed W.P.No.18413/2000 by order dt.23-09-2002. Aggrieved by the same, the appellants-respondents filed W.A.No.218/2003.

Sri R.S. Murthy, learned counsel for the appellants in W.A.Nos.186, 218, and 763 of 2003 strenuously contended that the petitioners who are categorized as ancillary staff under the Rules were always been treated as distinct and different from the other categories of employees in the matters of qualification and method of recruitment, pay scales etc., Once the Fourth Pay Commission and the Fifth Pay Commission appointed by the Central Government fixed the different pay scales for ancillary staff and main force, ancillary staff cannot be treated equal to that of main force and they cannot be paid the same pay scales as that of main force. The Railway Protection Force constituted under the Railway Protection Force Act, 1957 (for short "the Act") comprises of two categories of personnel. The 1st category is referred to as 'main force' and the 2nd category is referred to as 'ancillary force'. The main force again comprises of three branches, namely, Head Constable, Naik and Constable, whereas the ancillary staff is categorized into different categories as per Category 5 of Schedule-I of the Rules, namely, tailor, barber, Mali, Dhobi, Safaiwala, Cobbler, Cook, Motor Cleaner etc. He further contended that there is a change in the pay scales of both main force and ancillary staff based on the recommendations of the Fourth Pay Commission; therefore the ancillary staff cannot be equated with that of the main force. In support of the above submission reliance is placed on the judgments of the Apex Court in STATE OF U.P. v. J.P.CHAURASIA1, UNION OF INDIA v. P.V.HARIHARAN2, STATE OF HARYANA v. HARYANA CIVIL SECRETARIAT PERSONAL STAFF ASSOCIATION3 and RAMESH SINGH v. UNION OF INDIA4. He further contended that the Madras High Court in R.GANDHI & OTHERS v. THE CHIEF SECURITY COMMISIONER, RAILWAY PROTECTION FORCE & OTHERS5; Calcutta High Court in JOHARUL SK. & OTHERS v. UNION OF INDIA & OTHERS6 and Delhi High Court in CHAIRMAN, RAILWAY BOARD & OTHERS V. RAM CHAND & OTHERS7 are not justified in declaring that ancillary staff are entitled to same pay scales as that of enrolled members of the force. Though the judgment of the Delhi High Court in LPA No.502/2002 dt.30-01-2006 was carried in appeal before the Supreme Court, special leave petition has been dismissed as not pressed on the representation made by the Additional Solicitor General representing the Railway Board that Railways is going to rationalize the pay structure o

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