Manipur High Court
Braham Prakash & Ors vs Union Of India & Ors on 10 March, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
Digitally signed by
SHOUGRAKPAM SHOUGRAKPAM DEVANANDA
IN. 138
DEVANANDA SINGH
Date: 2025.03.10 16:47:35
SINGH +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 84 of 2023
Braham Prakash & ors. ... Petitioners
Vs.
Union of India & ors. ... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
10-03-2025
Heard Mr. N. Ibotombi, learned senior counsel assisted
by Mr. Ningtamba, learned counsel appearing for the petitioners and
Mr. B.R. Sharma, learned CGSC appearing for the respondents.
At the outset, both the counsel appearing for the parties
submitted that the issue raised in the present writ petition is somewhat
similar to the issue raised and decided by this court in WP(C) No. 675 of
2022. By a judgment and order dated 30-04-2024 passed by this court
in WP(C) No. 675 of 2022, the said writ petition had been disposed of by
granting the relief to those petitioners. The operative portion of the said
judgment are as under:-
“19. The decision in Dineshan K.K. (supra) has been relied by various
High Courts including this Court and the erstwhile common
Gauhati High Court and the matter has attained finality. The facts
of the present case is also similar with the case of Dineshan K.K.”
“20. From perusal and detail analysis of the judgments passed by
Hon’ble Supreme Court, Gauhati High Court and Meghalaya High
court in the above cited cases of Dineshan K.K., order dated
22.09.2011 in WA No. 50 (SH) 2010 and order dated 08.05.2014 in
WP(C) No. 56 of 2013 respectively, this court is of the firmed view
that the petitioners herein are also entitled to the similar reliefs.
Accordingly, the respondents are directed to grant/ upgrade the
ranks of the petitioners to the post of Warrant Officers (Radio
Mechanic) in Assam Rifles equivalent to ASI (Radio Mechanic) in
BSF/ ITBP/CRPF with pay scale of Rs. 4000-6000 with effect from
their initial entry level in terms of Ministry of Home AffairsWP(C) No. 84 of 2023 Contd…/-
-2-
Notification dated 22.01.1998 with all consequential reliefs. The
direction shall be complied within a period of three months from
the date of receipt of a copy of this order.”
Mr. N. Ibotombi, learned senior counsel appearing for the
petitioners submitted that the present writ petition can be disposed of by
granting similar reliefs as has been granted by this court in the aforesaid
writ petition.
Mr. B.R. Sharma, learned CGSC appearing for the
respondents fairly submitted that the facts and circumstances raised in
the present writ petition and those in WP(C) No. 675 of 2022 are
somewhat similar, however, the learned CGSC submitted that the said
judgement has been assailed by the parties by filing a writ appeal and
the same is still pending. The learned CGSC, however, did not raised
strong objection to the disposal of the present writ petition in terms of the
earlier direction given by this court in the aforesaid WP(C) No. 675 of
2022 in its judgment dated 30-04-2024.
The present writ petition has been filed seeking the following,
inter alia, relief:-
“(iii) to issue a writ in the nature of Certiorari for quashing the order
dated 31/10/2022 (Annexure -A12) issued by the Respondent No.
4 (Directorate General, Assam Rifles) as the same is against the
law laid down by the Hon’ble Supreme Court as well as by
different High Courts;
“(iv) to issue a writ in the nature of Mandamus directing the
respondents to grant appropriate ranks, pay scale and status to
the petitioners at par with other Central Police Organisation
introducing the rank of Naik Operator at the entry grade with effect
from 01/01/1986 in the scale of pay of Rs. 950-20-1150-25-1400 and
revised pay scale with effect from 01/01/1996 when the rank of
Naik Operator is merged with Head Constable/ Havildar with all
consequential benefits in the light of the order dated 10/10/1997
issued by the Joint Secretary, Government of India, Ministry of
Home Affairs as per the recommendation of the 5th Pay
Commission and Office Memorandum dated 22/01/1998.”
Taking into consideration the submissions advanced by the
learned counsel appearing for the parties and on perusal of the record,
WP(C) No. 84 of 2023 Contd…/-
-3-
this court is of the considered view that the present writ petition can be
disposed of in terms of the earlier direction given by this court in its
judgment dated 30-04-2024 in WP(C) No. 675 of 2022. Accordingly, the
present writ petition is disposed of with the following directions:-
(i) The respondents are directed to consider for grant of
appropriate ranks, pay scale and status to the petitioners at
par with other Central Police Organisation introducing the rank
of Naik Operator at the entry grade with effect from 01-01-1986
in the scale of pay of Rs. 950-20-1150-25-1400 and revised
pay scale with effect from 01-01-1996 when the rank of Naik
Operator was merged with Head Constable/ Havildar with all
consequential benefits in the light of the order dated
10/10/1997 issued by the Joint Secretary, Government of
India, Ministry of Home Affairs as per the recommendation of
the 5th Pay Commission and Office Memorandum dated
22-01-1998.
(ii) The said direction should be completed by the authorities
within a period of six months from the date of receipt of a
certified copy of this order. Consequently, the impugned order
dated 31-10-2022 (Annexure – 12) issued by the respondent
No. 4 is also quashed and set aside.
With the aforesaid directions, the present writ petition is
disposed of.
JUDGE
Devananda
WP(C) No. 84 of 2023 Contd.../-