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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
C/5023374 Hav/Clerk L Tomba Singha And Ors. S/o Sanatomba Singha – Appellant
Versus
Union Of India – Respondent
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
Equity in pay structure mandates the implementation of rank parity for clerical positions in the Assam Rifles as previously adjudicated by higher courts.
The main legal point established in the judgment is that a petitioner, after being re-mustered from a clerical position to a general cadre, is not entitled to the benefits granted to clerical staff i....
The denial of equal pay and benefits to similarly situated personnel violates constitutional principles of equality, reaffirming the established parity in ranks between different roles in similar pos....
Determination of pay scale and equivalence is a primary function of the executives and expert bodies like Pay Commission and is not a function of writ court in exercise of its jurisdiction under Arti....
Equal pay for equal work is mandated when the employer recognizes parity between roles, as upheld by constitutional provisions.
The denial of pay scale benefits to petitioners after 18 years of service is unjustified; they are entitled to the pay scale of Sub-Inspector as per M.T. Cadre.
Discrimination in pay scale violates principles of equality and parity among similarly situated employees in government service.
The main legal point established in the judgment is the requirement for establishing parity in pay scales based on comparative job evaluation and equation of posts, and the burden of proof on the pet....
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