JUDGMENT :

Heard Mr. V. Kumar, the learned counsel appearing on behalf of the petitioners in a batch of writ petitions. The respondent herein are represented by Mr. A.K. Dutta, Mr. H. Gupta, Ms.B. Sarma, Mr. K. Gogoi, Ms. A. Gayan, Mr. B. Deka, the learned counsels.

2. The issue involved in the batch of writ petitions is as to whether the respondent authorities in view of the creation of the post of Warrant Officer/Cypher can treat the same to be the first financial upgradation to the petitioners and thereupon make recovery from the petitioners on the ground of excess payment being made upon application of the Modified Assured Career Progression Scheme(MACP). To appreciate the dispute involved, it would be relevant to take note of the brief facts of the instant case leading to the dispute.

3. All the writ petitioners herein were initially enlisted in the Assam Rifles as Rifleman/ORL (Operator Radio Line) under Section 2 (4) of the Assam Rifles Act, 1941. At that relevant point of time when the petitioners were initially enlisted as Rifleman/ORL there was no Rules regulating the service conditions of the petitioners. However, subsequently the Assam Rifles (Group C Combatised post) Recruitment Rules, 2000 was framed. The petitioners after rendering service as Rifleman/ORL were re-mustered from Rifleman/ORL to Havildar Cypher. At this stage, it may be relevant to mention that the 5th Central Pay Commission had made certain recommendations relating to equivalence of rank and pay in all paramilitary forces. At that relevant point of time, the Assured Career Progression Scheme (ACP) for Central Government Civilian Employees in all Ministries/Departments was also introduced as per an Office Memorandum dated 9/8/1999. In terms with the said scheme, it was decided to grant two financial upgradation to Group B, C and D employees on completion of 12 years and 24 years of regular service respectively. However, the benefits of the said scheme was not given to the petitioners and similarly situated persons on the ground that the re-musteration of the petitioners and similarly situated persons from the post of Operation Radio Line to Havilder Cypher was treated as promotion in the career of the petitioners as well as similarly situated employees. Under such circumstances one Abdul Bari approached the Shillong Bench of this Court (as it then was) by filling the writ petition which was registered and numbered as W.P.(C) No.256(SH)/2012 thereby praying inter alia for quashing of the decision of the respondent authorities that re-musteration would be counted as upgradation for the purpose of grant of benefits under the Assured Career Progression Scheme and the Modified Assured Career Progression Scheme and that the first upgradation granted under the ACP to the petitioner therein would be counted as the second upgradation.

4. In the meantime, the Meghalaya High Court was established during the pendency of the said writ petition. Vide the judgment and order dated 10/4/2013, the Meghalaya High Court disposed of the said writ petition with a direction to the respondents to grant the second financial upgradation under the MACPS on completion of 20 years in service as Havildar Cypher w.e.f. 20/11/2011 and the first financial upgradation should be from 20/11/2003 with consequential benefits and the order impugned therein dated 12/07/2012 was quashed and another order dated 7/10/2009 was modified to the extent that the first financial upgradation should be w.e.f. 20/11/2003. In paragraph 12 of the said judgment the Meghalaya High Court had categorically held that the changing of the trade in Cypher category i.e. Havildar/Cypher through remusteration is not a promotion and also not a financial upgradation and therefore counting of continuous service for the financial upgradation under the ACP scheme should be from the date of re-musteration to the lowest rank of Cypher category i.e. Havildar/Cypher on 21/11/1991 in respect to the petitioners therein. This j