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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 12th November, 2025 Pronounced on : 1^st December, 2025 + W.P.(C) 10493/2017, CM APPL. 1116/2020, CM APPL. 52138/2024 CM APPL. 14235/2025 ASSAM RIFLES EX-SERVICEMEN WELFARE ASSOCIATION (ALL INDIA) .....Petitioner Through: Mr. Shadan Farasat, Sr. Adv. with Mr. P.Rohit Ram, Mr. Sanyam Jain &

Mr. Pranav Sachdeva, Advocates.

versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Jagdish Chandra, Mr. Ruchir Mishra, Mr. Sanjiv Kr. Saxena, Mr. Mukesh Kr. Tiwari, Ms. Poonam Shukla, Ms. Reba Jena Mishra & Mr.

Sidharth Bajaj, Advocates.

CORAM:

HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

JUDGMENT

Per DINESH MEHTA, J.

1. The Petitioner is an Association of Ex-servicemen of Assam Rifles who have settled in various parts of the country after their superannuation. The Association has approached this Court invoking its Extraordinary Jurisdiction under Article 226 of the Constitution of India seeking a Mandamus to the Respondents to extend equal emoluments and benefits which their counterparts in other services are being granted, more particularly the Indian Army.

2. Apprising the Court about the factual matrix, learned counsel for the Petitioner submitted that Assam Rifles has its origin since 1835, which was initially raised as the “Cachar Levy” and later on was designated as “Assam Frontier Police” in 1883; its name was changed to “Assam Military Police” in 1891 and then to “Eastern Bengal and Assam Military Police” in 1913, before it was ultimately renamed as “Assam Rifles” in 1917.

3. It has been recognised for its contribution in the World War-I in coordination with the Indian Army, whereafter it actively took part in World War-II and was involved in all major pre-independence and post- independence wars and also in almost all counter-insurgency operations. He submitted that various personnel of the Assam Rifles have laid their lives and have been rewarded/awarded by the Government of India for exhibition of great valour.

4. According to the Petitioner, their paymaster is the Ministry of Home Affairs (hereinafter referred to as „MHA‟) which exercises administrative control over the Assam Rifles as per the Government of India (Allocation of Business) Rules 1961 (hereinafter referred to as „1961 Rules‟), while their work-master is the Ministry of Defence (hereinafter referred to as „MoD‟) which exercises operational control over the Assam Rifles. Learned counsel contended that it is essentially because of the „dual control‟ of the two separate masters under whose control they operate, that the problem has arisen and they are not getting what they should legally get on the basis of the duties they discharge.

5. Learned counsel for the Petitioner submitted that the personnel engaged in Assam Rifles are superior than those working in the Army because they not only safeguard the posts on the frontiers but also provide services during other exigencies arising on account of any insurgencies within the country, etc. It was also asserted that the skills they possess and the duties they discharge are in no manner less than the persons working in Army.

6. While highlighting that the Assam Rifles does not fall within the ambit of Central Armed Police Force (CAPF) or „Police‟, the learned counsel for the Petitioner contended that the Respondents have arbitrarily amended the 1961 Rules and placed Assam Rifles under the head „Police‟ which is violative of Article 14 of the Constitution of India; Section 13 of the Assam Rifles Act, 1941 (hereinafter referred to as the „Act of 1941‟) as well as Section 168 of the Assam Rifles Act, 2006 (hereinafter referred to as the „Act of 2006‟).

7. Learned counsel also submitted that Petitioner-Association has been agitating the cause of its members by way of filing writ petitions etc. and in one of such writ petitions which was filed at Kerala High Court being WPC no. 23422/2013 decided on 30.01.2015, the Kerala High Court had directed the