Equity in pay structure mandates the implementation of rank parity for clerical positions in the Assam Rifles as previously adjudicated by higher courts.

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. 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