Disparities in pay scales between village guards and police personnel are justified due to differences in job responsibilities, recruitment methods, and lack of evidence for equivalence, confirming the executive's authority over pay structure decisions.

JUDGMENT :

YARENJUNGLA LONGKUMER, J.

The present writ petition has been filed by the petitioners who are serving as Junior Commissioned Officer (JCO for short), Village Guard Organization, Department of Home, Government of Nagaland under the Commissioner Nagaland as the Commander in Chief. The petitioners are Jamadars, Subedars and Subedars Majors in the Village Guards.

2. The petitioners are aggrieved by alleged anomalies in their Pay scale. It is the case of the petitioners that the pay grade of the petitioners are below the pay grade they are entitled to receive which should be corresponding to the pay scale and grade received by police personnel of Nagaland Police in the same rank.

3. It is stated that from the rank of Constable, Village Guard till the rank of Havildar Major, the service of the village guard is voluntary and paid monthly honorarium. From the rank of Jamadar and above the village guards become proper government employees and are paid regular pay scale. According to the petitioners the rank of Jamadar Village Guard is in the rank of Assistant Sub Inspector in the Police Department; the rank of Subedar Village Guard is in the rank of Sub Inspector in the Police Department and the rank of Subedar Major Village Guard is in the rank of Inspector in the Police Department. The next promotion from the rank of Subedar Major Village Guard is Assistant Commandant, whereas, the next promotion from Inspector in the Police department is Deputy Superintendent of Police/Assistant Commandant. The rank of Assistant Commandant and Deputy Superintendent of Police are equivalent, and in this rank, the pay scale becomes equal.

4. It is also stated that as per the Nagaland Service Revision of Pay Rules, 1993 (referred to as ROP Rules for the sake of brevity) the Scale Pay of the Assistant Sub Inspector of Police was revised from Rs 510-895/- to Rs 1250-2280/-, whereas, the corresponding rank in the Village Guard i.e., Jamadar pay scale was at Rs 400-690/- and revised to Rs 900-1760/-. The Jamadar in Village Guard which is equivalent to the rank of Assistant Sub Inspector in the Police was paid the salary of a constable in the Nagaland police. As per the ROP Rules of 1993, the pay of the constable in Nagaland Police was revised from Rs 400-690/- to Rs 900-1760/-.

5. The Scale Pay of Inspector of Police was also revised from Rs 960- 1605/- to Rs 1650-3475/-, whereas, the Scale Pay of Subedar Major which is the equivalent rank in village guard was revised from Rs 600-1275/- to Rs 1450-2840/-. Hence, the Scale Pay of Subedar Major is also fixed a step lower although the Subedar Major in the village guard is the equivalent rank of Inspector of Police in the Police Department.

6. It is also stated that in the ROP Rules 1993, at page 141 in column No. 51 in relation to village guards, it is provided, “Will be entitled to same pay scale as recommended for corresponding rank in the police department”. However, the erroneous pay fixation was not corrected and the same continued without correction till date.

7. In the Nagaland Service Revision of Pay Rules 1999, the Scale Pay of Assistant Sub Inspector of Police was again revised from Rs 1250-2280/- to Rs 4000-6000/-, whereas, the equivalent rank of Jamadar in the Village Guard was revised from Rs 900-1760/- to Rs 2750-4400/-. The Jamadar of Village Guard which is equivalent to the Assistant Sub Inspector of Police was therefore paid the salary of a Constable in the police. As per the ROP Rules of 1999, the pay of police constable was revised from Rs 900-1760/- to Rs 2750-4400/-. The Scale of Pay of Sub Inspector of Police was revised from Rs