Serial No. 13 HIGH COURT OF MEGHALAYA Regular List AT SHILLONG WP(C) No. 337 of 20[SECTION] Date of order: 12.04.2019 Shri [PRECEDENT] Coram: Hon'ble Mr. Justice [ENTITY], Chief Justice Appearance: For the Petitioner/Appellant(s) : Mr. [ENTITY], Adv. For the Respondent(s) : Mr. [ENTITY], CGC
i) Whether approved for reporting in Yes Law journals etc.: ii) Whether approved for publication No in press: Oral:-
1. Petitioners admittedly were holding the civil post i.e., Hindi Translator Grade II in the pay scale of Rs. 5000 - 8000/-. After combatisation of civil posts, Hindi Translator Grade I and II were clubbed into one Grade i.e., Naib Subedar (Hindi Translator) with the pay scale of Rs. 5,500 - 9000/-.
2. Hindi Translator Grade I post even earlier was in the pay scale of Rs. 5,500 - 9000/-, they appear to have represented before the respondent authorities to be given the rank of Subedar (Hindi Translator) which has not been agreed by the Ministry Home Affairs (MHA). However, they were left free to produce any document to support their claims to the effect that the Hindi Translators are placed in different scale in any other CPMF, same was to be forwarded to the Directorate of Assam Rifles.
3. It is stated by the learned counsel for the petitioners that the Hindi Translator Grade I have already represented, even the present petitioners who were the Hindi Translators Grade II before combatisation also represented for being given the rank and pay of Inspector, the representations till date have not been considered, therefore, have filed the instant petition with a prayer to direct the respondents to bring parity in respect of pay, rank and status of Assam Rifles Naib Subedar (Hindi Translator) cadre with other Central Police Organisations where the entry level Inspector is in the pay scale of Rs. 6,500 - 10,500/- and all consequential benefits including arrears may be directed to be paid to the petitioners in the light of the Govt. of India, Ministry of Finance Resolution dated 20.09.1997 and communication dated 10.10.1997, furthermore to direct the respondents to grant promotion to the Assam Rifles Personnel Hindi Translator (Nb.Sub) cadre at par with other Central Paramilitary Forces with all consequential benefits.
4. Prior to combatisation, the posts of Hindi Translators were in two categories i.e., Hindi Translator Grade-I with pay scale of Rs. 5,500 - 9000/- and Hindi Translator Grade-II with pay scale of Rs. 5000 - 8000/-. On combatisation, the hierarchy in between was required to be maintained i.e., Hindi Translator Grade-I should have been given the rank and pay of Subedar (Hindi Translator) whereas, Hindi Translator Grade-II should have been given the rank and pay of Inspector as has been done in the other CPMF (Central Paramilitary Force).
5. For making the position clear it is relevant to refer to the recruitment rules in vogue in BSF, CRPF and ITBPF. In schedule to Border Security Force, combatised (Hindi Translators) Cadre Recruitment Rules, 2000, posts of Hindi Translator is categorised as under;
(i) Subedar Major (Hindi Translator) with pay scale of Rs. 6,500 - 200 - 10, 500/-,
(ii) Inspector (Hindi Translator) with pay scale of Rs. 6,500 - 200 - 10, 500/-.
6. As per [ACT] and [ACT] the categorisation of Hindi Translator is as under;
(i) Subedar Major (Hindi Translator) with pay scale of Rs. 9,300 - 34,800 plus Grade pay of Rs. 4,800/- (revised),
(ii) Inspector (Hindi Translator) in the pay scale of Rs. 9,300 - 34, 800 plus Grade Pay of Rs. 4,600/-.
7. Likewise, in the schedule to Indo-Tibetan Border Police Force (Group 'B') Hindi Translators Recruitment Rules, 2010, the Hindi Translator has been categorised as under;
(i) Inspector (Hindi Translator) in the Pay Band of Rs. 9,300 - 34,800 plus Grade Pay of Rs. 4600/-,
(ii) Sub-Inspector (Hindi Translator) 2 band, Rs. 9,300 - 34,800 plus Grade Pay of Rs. 4,200/-.
8. The aforesaid position clearly suggests that the Hindi Translators are in two groups i.e., entry level and the second level, in short, Inspector and Subedar with different pay scale, likewise in Assam Rifles after combatisation, Hindi Transalator Grade - I should have been given the rank of Subedar (Hindi Translator) with a pay scale of Rs. 6,500 - 200 - 10,500/- (pre-revised), same has not been done instead Hindi Translator Grade-I and II have been clubbed together and both have been given a pay scale of Rs. 5,500 - 9000/- (pre-revised).
9. Learned counsel for the petitioners has rightly projected that disparity in rank, pay and status of the Hindi Translator of Assam Rifles as compared to Hindi Translator in BSF, CRPF and ITBPF is quite evident. The job profile of the Hindi Translator is same, post is same, therefore, disparity offends the rule of parity which has effect of demoralisation.
10. Learned CGC Mr. [ENTITY] contends that at the time of combatisation the petitioners have not raised any objection for being clubbed with Grade-I now, they cannot turn around and claim disparity. Furthermore, in terms of letter dated 13.12.2007 issued from the Directorate General Assam Rifles under No. A/Pers-0854/07 rank of Subedar (Hindi Translator) for Grade-I was not agreed however, it is they for whom window was kept open to support their claim by producing documents so as to show that Hindi Translators are placed in different pay scale in any other CPMF.
11. The grievance between Hindi Translator Grade-I and II in effect was common, after combatisation, they were entitled to be placed in a relevant rank, status and pay scale. That apart, the representation had already been filed by the Hindi Translators Grade-I, which till date has not been decided. In addition thereto, the petitioners [ENTITY] also claim to have filed their representation which too has not been decided.
12. The petitioners cannot be deprived of projecting their rights when infringement is apparent, the job profile of the Hindi Translators in other CMPF is same, post is same, there is no scope for discrimination by placing them in different rank and different pay scale so as to create disparity. Learned counsel for the petitioners has rightly placed reliance on the judgment rendered in the case of [PRECEDENT]. Para 12 of the judgment is relevant to be quoted;
"12. The principle of "equal pay for equal work" has been considered, explained and applied in a catena of decisions of this Court. The doctrine of "equal pay for equal work" was originally propounded as part of the directive principles of the State of Policy in [SECTION] of the [ACT]. In [PRECEDENT] a Bench of three learned Judges of this Court had observed that principle of equal pay for equal work is not a mere demagogic slogan but a constitutional goal, capable of being attained through constitutional remedies and held that this principle had to be read under [SECTION] and [SECTION] of the [ACT]. This decision was affirmed by a [ACT] Bench of this Court in [PRECEDENT]. Thus, having regard to the constitutional mandate of equality and inhibition against discrimination in [SECTION] and [SECTION], in service jurisprudence, the doctrine of "equal pay for equal work" has assumed status of a fundamental right."
13. In the final analysis the respondents are required to look into the genuine grievance of the petitioners, therefore, this petition is disposed of in the following manner;
(i) petitioners will submit a fresh representation with two weeks to the respondent authorities,
3. [PRECEDENT]
4. [PRECEDENT]
(ii) the respondent authorities on receipt of the representation shall take all necessary steps whatever required at their respective levels for according consideration to the representation,
(iii) while according consideration to the representation for redressal of the grievance of the petitioners, the observations made hereinabove, the position of the recruitment rules governing Hindi Translators of BSF, CRPF and ITBPF as referred above and the principles laid down in the above referred judgment shall be kept in view and followed to the extent of permissibility. The exercise of accord of consideration shall be undertaken and completed within a period of three months from the date of receipt of the representation.
14. The result of the consideration shall be conveyed to the petitioners. However, reserving right to the petitioners to re-agitate subject to survival of cause.
15. Writ petition shall stand disposed of as above.
([ENTITY]) Chief Justice [ENTITY] 12.04.2019 "[ENTITY]"