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 19^th September, 1989.

To

The Director General.

Assam Rifles.

Shillong.

Sub: Combatisation of ministerial and other civilian posts in the Assam Rifles HQrs. (Headquarters and Units).

Sir,

I am directed to convey the sanction of the President to the combatisation by conversion of the civilian posts in Assam Rifles (Headquarters and Unit) under the Assam Rifles Act, 1941 and Assam Rifles Rules, 1985 with immediate effect subject to the following terms and conditions:-

(a) The equivalence of the ranks and pay scales for the combatised posts shall be as indicated in the Annexure. This is in supersession of the existing orders regarding equivalence of ministerial posts.

(b) On combatisation, the incumbents of the posts 'who opt for such combatisation will be governed by the Assam Rifles Act, 1941 and Assam Rifles Rules, 1985 as amended from time to time for all purposes and the posts concerned on the civil side shall be deemed to have been abolished.

(c) All future appointment/ recruitment against the vacancies in various categories of posts combatised by this sanction shall be in the combatised ranks as per the recruitment rules.

2. The existing incumbents of the posts mentioned in Col.! In Annexure will be given option to opt for combatisation within a period of 3 months from the date of issue of this sanction. Those who do not opt for combatisation will continue in the civilian posts until superannuation under the existing conditions of services which will be deemed to continue as personal to them.

3. The expenditure involved shall be made from within the budget grant of the Assam Rifles for the year 1989-90 and subsequent years.

4. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. ..(33)E-III/89 dated 19.7.89 and the Integrated finance of this Ministry vide their U.O. No. 2605/89-Fin.III(D-1) dated 1.9.89

Yours faithfully, Sd/-

(K.S. Parthasarathy)

Under Secretary to the Government of India”

…

In the said letter, the posts held by the petitioners i.e., Hindi (Typist) were converted into Havildar (Typist) as reflected at Sl. No. 19 of the Annexure attached to the said letter.

[4] In order to streamline the anomalies in the matter of rank and pay structure of various CPOs occurred after the implementation of the recommendation of the 5^th Central Pay Commission, the President of India ordered rationalisation of rank structure and pay scale of Non-Gazetted cadre of CPOs by issuing an order dated 10-10-1997. The said order dated 10-10-1997 was not implemented in the Assam Rifles in its true spirit leading to deprivation of the personnel in the benefit of rank, status and pay.

In view of the above parity and having been aggrieved, 1339 employees belonging to clerical cadre of Assam Rifles raised issue of parity in respect of pay, rank and status