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2022 Supreme(Megh) 13

SANJIB BANERJEE, W. DIENGDOH
Union of India – Appellant
Versus
Balbir Singh Yadav – Respondent


Advocates appeared:
Mr. N. Syngkon, Adv with Ms. L. Phanjom, Advocate, for the Appellants; Mr. M.L. Nongpiur, Adv with Mr. S. Syiem, Advocate, for the Respondent

JUDGMENT

Sanjib Banerjee, CJ. - The appeal is directed against an order of December 21, 2018 by which the respondent's writ petition was allowed and certain benefits conferred on the respondent that the appellant asserts that the respondent was not entitled to.

2. It appears that persons occupying clerical posts in the Assam Rifles were paid less than similarly positioned persons in the other Central Armed Police Forces. As a result, persons occupying clerical posts in Assam Rifles petitioned to this Court for the anomaly to be removed. By a judgment and order of the Gauhati High Court (from which this Court was carved out in 2013) the petition was allowed on August 23, 2012. The operative part of the order dated August 23, 2012 provided as follows:

    '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. of 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

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