Union Of India & Ors vs Dineshan K.K

3. This appeal by the Union of India and the Director General of Assam Rifles arises out of the judgment and order dated 11th February, 2005 rendered by the Gauhati High Court in WP (C) No.497 of 2001. By the impugned order, while allowing the writ petition, directions have been issued that the permission granted by the Union of India vide its letter dated 3rd March, 1998, to re-designate the rank of Havildar (Radio Mechanic) as Warrant Officer as recommended by the Ministry of Home Affairs shall be carried out and the pay scale as admissible to their counterparts in the Central Reserve Police Force (CRPF) and the Border Security Force (BSF) shall be granted from the same date.

4. The nub of the grievance of the writ petitioner, working in the rank of a Radio Mechanic in the Assam Rifles was that the Ministry of Home Affairs and the Director General of Assam Rifles having accepted in principle that the members of the Assam Rifles, should be given the same rank and pay structure as was given to other central paramilitary forces, yet the same had been denied to them. It was pleaded that as the Ministry of Home Affairs had conveyed its decision to rationalize the rank structure of non gazetted personnel of central paramilitary forces vide order dated 26th January, 1998, equal pay structure in other ranks, including the Radio Mechanics in the Assam Rifles could not be denied. His further grievance was that after the implementation of the Fourth Pay Commission, the pay of the Havildar/GD and Head Constable/Radio Mechanic was fixed in the pay scale of Rs.975-1660, without any discrimination between the general duty and technical categories but the discrimination surfaced when higher pay scale of Rs.1200-2040 was given to the Radio Mechanics working in the BSF, denying the same pay scale to the Radio Mechanics in the Assam Rifles. It was also pointed out that the Radio Mechanics working in the Delhi Police organization had been given a much higher pay scale on 10th October, 1997 which was being denied to the similar rank holders in the Assam Rifles.

5. The writ petition was contested by the Union of India. In the counter affidavit filed on its behalf, it was stated that on the recommendation of the Fourth Pay Commission, with effect from 1st January, 1986, the Assam Rifles personnel had been granted revised pay scales and allowances entirely on the lines of other central paramilitary forces. However, as the changes in the rank structure were not carried out in the Assam Rifles like in other central paramilitary forces, an apparent disparity in the service conditions of certain category of personnel including the rank of Radio Mechanic had arisen. It was also pointed out that the Assam Rifles Directorate had brought this disparity to the notice of the Ministry of Home Affairs in February, 1998, and had recommended the re-designation of Radio Mechanic and Head Constable in Assam Rifles as Warrant Officer and for replacement of pay scale of Rs.4000-6000 to bring them at par with their counterparts in other central police organizations. It was stated that in response to the said recommendation, the Ministry of Home Affairs vide letter dated 3rd March, 1998, had informed the Assam Rifles that they could re-designate the Head Constable (Radio Mechanic) as Warrant Officer provided their pre-revised and revised pay scales were identical to the pay scales of their counterparts in CRPF and BSF. However, the re-designation of the ranks could not be carried out in the light of the said communication as there was disparity between the pay scales of a Radio Mechanic in Assam Rifles and their counterparts in CRPF and BSF. It was conceded that though the academic qualification for recruitment to the post of Radio Mechanic in Assam Rifles as well as in CRPF and BSF was the same yet there was disparity in the revised pay scales between the Assam Rifles and the said two other paramilitary forces. The claim of the petitioner for higher pay scales on the lines of the pay scales of Delhi Police organization was seriously contested on the ground that the Assam Rifles being a central police organisation, it could not claim parity with Delhi Police organization, which was not a central paramilitary force.

14. Tested on the touchstone of the aforenoted broad guidelines and not cast-iron imperatives, we are of the opinion that in the present case, on the pleadings and the material placed on record by the parties in support of their respective stands, the High Court was justified in issuing the impugned directions.

21. On a conspectus of the factual scenario noted above, we do not find any infirmity in the impugned directions given by the High Court, warranting interference. There is no merit in this appeal and it is dismissed accordingly with costs.