IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 6323 of 2008 Between: 1 Shali Varghese, No. 891400392, Const./Radio Operator, CISF Unit, VSP, Visakhapatnam, AP. 2 Gopa Kumar V.V. No.922292013 Const./RM CISF Unit, VSP, Visakhapatnam, AP. 3 H. Syed Ameer, No.914525369 Const./RM CISF Unit, RSTPS (R)/NTPC, PO : Jyothi Nagar, Karimnagar District - AP - 505 215. ..... PETITIONERS AND 1 Union of India, Ministry of Home & Affairs, Rep by its Secretary to Govt. of India, New Delhi. 2 Ministry of Finance, Rep by its Secretary to Govt. of India, New Delhi. 3 The Director General, CISF Hqrs, Block No. 13, CGO's Complex, Lodhi Road, New Delhi. 4 Deputy Inspector General, CISF, SS.HQRs, D Block Rajaji Bhawan, Basantnagar, Chennai. 5 The Dy. Commandant, CIST unit, RSTPS(R)/NTPC, PO : Jyothi Nagar, Ramagundam, Karimnagar District - AP - 505 215. 6 The Sr. Commandant, CISF Unit, VSP Ukkunagaram, Visakhapatnam District (AP) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to o issue order or direction more particularly in the nature of Writ of mandamus by : a) declaring the action of Respondents No. 6 and 5 in passing the impugned orders vide office Memorandum Nos. E-31014/Rep/VSP/Esst./2007/9174, dated 22-9-2007 and No.E- 38014/RSTPS (R)/ADM-1/2007/1204, dated 19-9-2007 in respect of the petitioner Nos. 1, 2 & 3 respectively, as illegal, arbitrary, violative of Art. 14 & 21 of constitution of India and against the principles of natural justice, b) to declare the action of the Respondents in not extending the pay scales of the petitioners on par with Radio Operators/Radio Mechanics, in the rank of HC/ASI of other Para Military services Viz., B.S.F./Indo Tebetan Border Police in terms of Govt. of other Para military services Viz., B.S.F./Indo Tebetan Border Police in terms of Govt. of India Notification dated 4th May, 1999 as illegal, arbitrary, discriminative and unconstitutional and violative of Article 14 & 21 of constitution of India, c) consequently direct the respondents to grant the equivalent pay scales to the petitioners on par with the staff of BSF/ITBP from the date of assumption of duties. Counsel for the Petitioners: MR.KRISHNA MURTHY DEVARAKONDA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following: ORDER: The petitioners were appointed as Constables in the Central Industrial Security Force (C.I.S.F.), on different dates. All of them have been imparted the training as Radio Mechanics and from time to time, their services are being utilized, to operate the concerned equipment. The petitioners made representations to the Director General of C.I.S.F, the third respondent herein, with a prayer to post them as Head Constables on par with the structure existing in other Para Military Forces. According to them, the Constables, who trained as Radio Mechanics, are posted as Head Constables in the specified category and that they are entitled to the same benefit. Through an Office Memorandum, dated 22.09.2007, the first respondent informed the petitioners that their request cannot be acceded to, since there is no post of Head Constable or Constable separately in the category of Radio Mechanics. The said communication is challenged in this writ petition. Sri D.Krishna Murthy, the learned counsel for the petitioners, submits that the various Para Military Forces, such as B.S.F., C.R.P.F., C.I.S.F and I.T.B.F. are functioning under the Ministry of Home Affairs and when persons trained as Radio Mechanics are posted as Head Constables in other forces, there is no reason why such a benefit be not extended to the petitioners. The learned Standing Counsel for the respondents, on the other hand, submits that the structure of the C.I.S.F on the one hand and the structure of various Para Military Forces functioning under the Ministry of Home affairs on the other, is different and the petitioners are not on part with others. He contends that there are only three branches in the C.I.S.F., namely Executive Branch, Fire Service Branch and Ministerial Branch and no separate branch or division exists for Radio Mechanics. After being appointed as Constables in the C.I.S.F., the petitioners were imparted training as Radio Mechanics. Corresponding certificates were also issued to them. On account of the training given to them, the petitioners became conversant with the operation of radio equipment. In fact, their services are being extracted mostly on those lines. It is true that in the Central Reserve Police Force (C.R.P.F.), separate post of Radio Mechanics in the rank of Head Constables exists, particularly in the Bettalion of four companies. That, however, is on account of an approved composition of the posts under Rule 5 of the Central Reserve Police Force Rules, 1955. Such, however, is not the composition of the C.I.S.F. The category of Head Constable comprises of the post of Driver also and the Head Constables can be on the branches of Execute, Fire and Ministerial. Same is the case with the post of Constables. Nowhere in the entire administration, separate post is created for Radio Mechanics unlike in the case of C.R.P.F. The mere fact that the service of the petitioners is being utilized as Radio Mechanics, hardly makes any difference. For instance, to operate the computer system in an organization, if some of the existing employees are imparted training in that, the employees so trained cannot insist that a separate category be created for them on the sole ground that such a facility is created in other organization. Viewed from any angle, this Court does not find any basis to grant the relief to the petitioners. Hence, the writ petition is dismissed. There shall be no order as to costs. _____________ 26.03.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}