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 positions.

JUDGMENT

S.G. Chattopadhyay, J. - This writ appeal has been filed challenging the judgment and order dated 15.01.2018 passed by the learned Single Judge in WP(C) No.592 of 2017.

2. The short question which requires our consideration in this writ appeal is whether the original writ petitioner [respondent herein] being a Havildar [Dental Hygienist] is entitled to the rank of Warrant Officer and pay and other service benefits as admissible to the rank of Warrant Officer with retrospective effect from 10.10.1997 along with consequential benefits at par with the Havildar [Radio Mechanic] in Assam Rifles and their counterparts in other Central Police Organizations.

3. Heard Mr. B. Majumder, learned CGC appearing for the appellants and Mr. Somik Deb, learned senior advocate appearing along with Ms. R. Chakraborty, learned advocate for Sri Jagroop Singh, original writ petitioner who is the respondent herein.

4. The factual context of the case is as under:

The original writ petitioner [respondent herein] was appointed as a Nursing Assistant in the Assam Rifles along with the private respondents [respondents No.5 to 18 in the writ petition]. After their induction in the post of Nursing Assistant on diverse dates, all of them were given basic nursing training called Nursing Assistant Basic [Class-IV] and thereafter they had undergone the up-gradation training [Class-III & Class-II] in nursing in various military hospitals. These facts are undisputed. The original writ petitioner and the private respondents also passed the Dental Hygienist Class-III [Diploma course] from the Command Military Hospital Centres situated at Lucknow, New Delhi, Pune and Kolkata etc. which are recognized institutes for imparting such training by the Dental Council of India. They had also undergone further training in nursing [Class-I] in various Command Military Hospital Centres and Armed Force Medical Colleges. The original writ petitioner, thus, acquired efficiency and skill in nursing by undergoing various training courses and obtaining qualifications from the institutions recognized by the Dental Council of India. Thereafter, the original writ petitioner and the private respondents were promoted to the post of Havildar [Dental Hygienist] on different dates in Assam Rifles.

5. It has been pleaded by the original writ petitioner that the post of Nursing Assistant, in which he had entered in the service in Assam Rifles is equivalent to the post of Rifleman [Operator Radio Line] which is the feeder post for promotion to Havildar [Radio Mechanic]. After undergoing nursing training in Class-IV, Class-III, Class-II and Class-I, the Nursing Assistants were promoted to the post of Havildar [Dental Hygienist] and the Rifleman [Operator Radio Line], after required training were promoted to the post of Havildar [Radio Mechanic].

6. It has been stated in the writ petition that one Radio Mechanic namely, Dineshan K.K. of Assam Rifles filed WP(C) No.497 of 2001 in the Gauhati High Court seeking a direction to the respondents to bring about a parity in the pay scales of Havildar [Radio Mechanic] of Assam Rifles qua the Radio Mechanics of other Central Police Organizations namely, Delhi Police and Border Security Force [BSF]. While articulating his grievance in the said writ petition, said writ petitioner Dineshan K.K. pleaded that though the Union of India and Director General of Assam Rifles accepted that the members of Assam Rifles should be given same rank and pay structure at par with their counterparts in other Central Police Organizations by an order dated 10.10.1997, the Havildar [Radio Mechanics] of Assam Rifles were d