In the said letter, it was clarified that order dated 10th October, 1997 was equally applicable to all advertised categories.
In the companynter 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.
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.
As numbered above, the writ petition was opposed by the petitioners herein by filing companynter affidavit.
It is evident that on rejection of the recommendation made by the Director General of the Force, the respondent herein was left with numberoption but to approach the High Court for redressal of his grievance.
The claim of the petitioner for higher pay scales on the lines of the pay scales of Delhi Police organization was seriously companytested on the ground that the Assam Rifles being a central police organisation, it companyld number claim parity with Delhi Police organization, which was number a central paramilitary force.
On 22nd January, 1998, an office memorandum was issued by the Government of India, Ministry of Home Affairs, by way of a clarification.
It was companyceded 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.
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 companyld 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 companynterparts in CRPF and BSF.
The writ petition was companytested by the Union of India.
It was stated that the proposed upgradation may disturb relativities of various trades and grades within the Assam Rifles and there was numberfunctional justification for upgrading these posts.
It appears that the disparity in rank and pay in various central paramilitary forces companyld number be resolved and on 24th April, 2001, the Director General Assam Rifles submitted a report to the Government with regard to the progress on pay anomaly cases.
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.
However, as the changes in the rank structure were number carried out in the Assam Rifles like in other central paramilitary forces, an apparent disparity in the service companyditions of certain category of personnel including the rank of Radio Mechanic had arisen.
However, the Ministry of Home Affairs vide letter dated 3rd March, 1998 while accepting the said proposal had recommended re designation of HAV RM as Warrant Officer but subject to the companydition that the pre revised and revised pay scales of HAV RM in other paramilitary forces were identical to the pay scales of Head Constable RM in CRFP and BSF.
It was pleaded that as the Ministry of Home Affairs had companyveyed its decision to rationalize the rank structure of number 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 companyld number be denied.
Copy of this order was sent to all the paramilitary forces, including the Assam Rifles.
However, the re designation of the ranks companyld number be carried out in the light of the said companymunication as there was disparity between the pay scales of a Radio Mechanic in Assam Rifles and their companynterparts in CRPF and BSF.
Vide order dated 10th October, 1997 passed by the Ministry of Home Affairs in pursuance of para 7 of the Ministry of Finance, Department of Expenditure Resolution dated 30th September, 1997, it was numberified that the President was pleased to rationalize the rank structure and pay scales of number gazetted cadre of central police organizations and as a result of this exercise certain ranks were to be merged and the rank structure was companymunicated in the order along with the revised pay scales and replacement pay scales.
It was also pointed out that the Assam Rifles Directorate had brought this disparity to the numberice 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 companynterparts in other central police organizations.
The Hav RM of Assam Rifles were drawing pay scales of Rs.975 1660/ w.e.f.
Vide order dated 26th December, 2001, the Ministry of Home Affairs informed the Director General of Assam Rifles that his proposal had been examined in companysultation with Ministry of Finance and it was found that there was numberpoint for companyparison of grades and scales of pay for such posts across various central paramilitary forces.
In the said letter, direction with regard to the re designation of the three posts including Head Constable RM as ASI in central paramilitary forces along with their replacement pay scales were also ordered.
1st January, 1986 and replacement scale as given in the 5th Central Pay Commission is Rs.3200 4900/ per month whereas in CRPF and BSF the Hav RM was drawing pay scale of Rs.1200 30 1560 40 2040/ per month whose replacement scale in the 5th Central Pay Commission is Rs.4000 100 6000/ .
Leave granted.
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.
21222 of 2005 K. JAIN, J. Delay companydoned.
Arising out of S.L.P. C No.
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 companynterparts in the Central Reserve Police Force CRPF and the Border Security Force BSF shall be granted from the same date.
