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HIGH COURT OF MANIPUR
HAVILDAR NO. 5450027 JOYDEEP DAS – Appellant
Versus
UNION OF INDIA AND ANR – Respondent
JUDGMENT & ORDER :
AHANTHEM BIMOL SINGH, J.
[1] Heard Mr. Kh. Lunpenjit, learned counsel appearing for the petitioners and Mr. W. Darakishwor, learned senior panel counsel appearing for the respondents.
The present writ petition has been filed by 23 (twenty three) petitioners with the prayer for directing the respondents for Remustration/ Up-gradation/ Re-designation of the posts held by the petitioners to the rank of Warrant Officer (Typist) as initial rank w.e.f. 10-10-1997 or from the date of their initial appointment coupled with the prayer for quashing and setting aside the speaking order dated 11-12-2018 issued by the Director General of Assam Rifles rejecting the claim of the petitioners.
[3] The case of the petitioners is that by an order dated 19-09-1989 from the Ministry of Home Affairs, Government of India, addressed to the Director General of Assam Rifles, sanctioned was conferred by the President for combatisation by conversion of the civilian posts in Assam Rifles with immediate effect. The contents of the said letter are reproduced hereunder for ready reference:-
“No. 27011/44/88-FP.1
Government of India
Ministry of Home Affairs
New Delhi-110001. the 19th September, 1989.
To
T
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....
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....
Equity in pay structure mandates the implementation of rank parity for clerical positions in the Assam Rifles as previously adjudicated by higher courts.
Court may not impose contempt if compliance with prior judgments is demonstrated, underscoring that evidence of willful disobedience is essential for a finding of civil contempt.
Willful disobedience in contempt proceedings requires established intent; mere disagreement with a decision does not constitute contempt.
The main legal point established in the judgment is that the compulsory retirement of the petitioners must adhere to the proper procedure and relevant rules, specifically Rule 26 of the Assam Rifles ....
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.
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....
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