Manipur High Court
Petitioners vs The Union Of India on 9 May, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
Digitally signed by
[1]
SHOUGRAKPAM SHOUGRAKPAM DEVANANDA
DEVANANDA SINGH SINGH
Date: 2025.05.09 13:32:30 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 119 of 2019
1. Havildar No. 5450027, Joydeep Das aged about 42 years,
S/o (L) Jogot Moy Das, HQ 9 Sect. Assam Rifles, Pin 934829
C/o-99 APO.
2. Havildar No. 5450005, Jagmohan Singh, S/o Arjun Singh, 21
Assam Rifles, Pin 932021 C/o-99 APO.
3. Havildar No. 5450006, M. Mohan Singha, S/o M. Tembra
Singha, 2 MG AR, Pin 932502 C/o-99 APO.
4. Havildar No. 5450008, Arun Kumar Singh, S/o Sukh Deb
Singh, 5 Assam Rifles, Pin 932005 C/o-99 APO.
5. Havildar No. 5450010, Abhishek, S/o Birendra Prasad Singh,
ARTC & S, Sukhovi C/o-99 APO.
6. Havildar No. 5450013, Ashok Roy, S/o Sukul Roy, 38 Assam
Rifles, Pin 932038, C/o-99 APO.
7. Havildar No. 5450014, Narendra Singh Karki, S/o Prem Singh
Karki, HQ DGAR, Laitkor, Shillong, Pin 793010.
8. Havildar No. 5450018, Sandeep Dhyani, S/o (L) M.D. Dhyani,
ARTC & S. Sukhovi, P.O. Dimapur, Pin 797115.
9. Havildar No. 5450020, Rakesh Kumar Ranjan, S/o Upendra
Kumar Singh, 31 Assam Rifles, Pin 932031 C/o-99 APO.
10. Havildar No. 5450021, Deepak Prasad Bhatt, S/o (L) Khima
Nand Bhatt, 19 Assam Rifles, Pin 932019 C/o-99 APO.
11. Havildar No. 5450024, Ram Autar, S/o Angad Ram, 37
Assam Rifles, Pin 932037 C/o-99 APO.
12. Havildar No. 5450025, Bhagvan Singh, S/o Sadhu Singh, HQ
IGAR (North), Pin 932554 C/o-99 APO.
WP(C) No. 119 of 2019 Contd.../-
[2]
13. Havildar No. 5450026, Sudhir Kumar, S/o Dular Chand
Chaudhary, HQ 23 Sect. AR, Pin 932423 C/o-99 APO.
14. Havildar No. 5450029, Vikash Verma, S/o Baidyanath Prasad
Verma, HQ 25 Sect AR, Pin 932425 C/o-99 APO.
15. Havildar No. 5450030, Prithivi Nath, S/o Shri Bishun Deo
Bhagat, HQ IGAR (East), Pin 932553 C/o-99 APO.
16. Havildar No. 5450036, Rama Kant Roy, S/o Ram Pukar Roy,
HQ IGAR (S), Pin 932552 C/o-99 APO.
17. Havildar No. 5450037, Santosh Kumar, S/o Shatrughana
Prasad Singh, 1 Assam Rifles, Pin 932001 C/o-99 APO.
18. Havildar No. 5450039, Arvind Kumar, S/o (L) Anjani Kumar
Thakur, 11 Assam Rifles, Pin 932011 C/o-99 APO.
19. Havildar No. 5450041H, Dileep Kumar Oraon, S/o Charwa
Oraon, HQ 6 Sector Assam Rifles, Pin 932406 C/o-99 APO.
20. Havildar No. 5450043, Tarkeshwar Sah, S/o Shiwaji Sah, 20
Assam Rifles, Pin 932020 C/o-99 APO.
21. Havildar No. 5450046, Rajesh Kumar Yadav, S/o Ramayan
Yadav, 12 Assam Rifles, Pin 932012 C/o-99 APO.
22. Havildar No. 5450053, Hemant Kumar Roushan, S/o Jagdev
Prasad, 41 AR, Pin 932041 C/o-99 APO.
23. Havildar (Typist) No. 5450012, Sandeep Kumar Dwivedi now
posted at 10 Assam Rifles, C/o-99 APO, Pin 932010.
(...impleaded vide order dated 04-11-2024
passed in MC(WP(C)) No. 470 of 2024)
... Petitioners
-Versus-
1. The Union of India, represented by Secretary to Ministry
of Home Affairs, Government of India, North Block,
New Delhi - 1.
2. The Director General, Assam Rifles, Laitkor, Shillong,
Pin No. - 793010.
... Respondents
WP(C) No. 119 of 2019 Contd.../-
[3]
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the petitioner :: Mr. Kh. Lupenjit, Advocate
For the respondent :: Mr. W. Darakishwor, Sr. Panel
counsel
Date of hearing :: 02-04-2025
Date of judgment & order :: 09-05-2025
JUDGMENT & ORDER
[1] Heard Mr. Kh. Lunpenjit, learned counsel appearing for the
petitioners and Mr. W. Darakishwor, learned senior panel counsel
appearing for the respondents.
The present writ petition has been filed by 23 (twenty three)
petitioners with the prayer for directing the respondents for
Remustration/ Up-gradation/ Re-designation of the posts held by the
petitioners to the rank of Warrant Officer (Typist) as initial rank
w.e.f. 10-10-1997 or from the date of their initial appointment coupled
with the prayer for quashing and setting aside the speaking order dated
11-12-2018 issued by the Director General of Assam Rifles rejecting
the claim of the petitioners.
[3] The case of the petitioners is that by an order dated
19-09-1989 from the Ministry of Home Affairs, Government of India,
addressed to the Director General of Assam Rifles, sanctioned was
conferred by the President for combatisation by conversion of the civilian
posts in Assam Rifles with immediate effect. The contents of the said
letter are reproduced hereunder for ready reference:-
WP(C) No. 119 of 2019 Contd.../-
[4]
"No. 27011/44/88-FP.1
Government of India
Ministry of Home Affairs
New Delhi-110001. the 19th September, 1989.
To
The Director General.
Assam Rifles.
Shillong.
Sub: Combatisation of ministerial and other civilian posts
in the Assam Rifles HQrs. (Headquarters and Units).
Sir,
I am directed to convey the sanction of the President to the
combatisation by conversion of the civilian posts in Assam Rifles
(Headquarters and Unit) under the Assam Rifles Act, 1941 and Assam
Rifles Rules, 1985 with immediate effect subject to the following terms
and conditions:-
(a) The equivalence of the ranks and pay scales for the
combatised posts shall be as indicated in the Annexure. This is
in supersession of the existing orders regarding equivalence of
ministerial posts.
(b) On combatisation, the incumbents of the posts 'who opt for
such combatisation will be governed by the Assam Rifles Act,
1941 and Assam Rifles Rules, 1985 as amended from time to time
for all purposes and the posts concerned on the civil side shall
be deemed to have been abolished.
(c) All future appointment/ recruitment against the vacancies in
various categories of posts combatised by this sanction shall be
in the combatised ranks as per the recruitment rules.
2. The existing incumbents of the posts mentioned in Col.! In
Annexure will be given option to opt for combatisation within a period
of 3 months from the date of issue of this sanction. Those who do not
opt for combatisation will continue in the civilian posts until
superannuation under the existing conditions of services which will
be deemed to continue as personal to them.
3. The expenditure involved shall be made from within the budget
grant of the Assam Rifles for the year 1989-90 and subsequent years.
4. This issues with the concurrence of the Ministry of Finance,
Department of Expenditure vide their U.O. No. ..(33)E-III/89 dated
19.7.89 and the Integrated finance of this Ministry vide their U.O. No.
2605/89-Fin.III(D-1) dated 1.9.89
Yours faithfully,
Sd/-
(K.S. Parthasarathy)
Under Secretary to the Government of India"
...
WP(C) No. 119 of 2019 Contd…/-
[5]
In the said letter, the posts held by the petitioners i.e., Hindi
(Typist) were converted into Havildar (Typist) as reflected at Sl. No. 19
of the Annexure attached to the said letter.
[4] In order to streamline the anomalies in the matter of rank and
pay structure of various CPOs occurred after the implementation of
the recommendation of the 5th Central Pay Commission, the President
of India ordered rationalisation of rank structure and pay scale of
Non-Gazetted cadre of CPOs by issuing an order dated 10-10-1997. The
said order dated 10-10-1997 was not implemented in the Assam Rifles
in its true spirit leading to deprivation of the personnel in the benefit of
rank, status and pay.
In view of the above parity and having been aggrieved, 1339
employees belonging to clerical cadre of Assam Rifles raised issue of
parity in respect of pay, rank and status of Assam Rifles clerical cadre at
par with other Central Police Organisation (CPO) by filing a writ petition
being WP(C) No. 277(SH) of 2010 in the Gauhati High Court, Shillong
Bench and sought for introduction of the post of Warrant Officer (Clerk)
in Assam Rifles at the Entry Level post.
[5] The said writ petition was disposed of by a judgment and
order dated 23-08-2012 directing the Director General of Assam Rifles
to take up the matter with the Secretary, Government of India, Ministry
of Home Affairs to bring parity in respect of rank structure and pay
WP(C) No. 119 of 2019 Contd…/-
[6]
of the Assam Rifles clerical cadre at par with other CPOs by introducing
the rank of Assistant Sub-Inspector (Warrant Officer) at the Entry
Grade w.e.f. 01-01-1986 in the pay scale of Rs. 1320-2040/- (Revised
4000-6000/-) with all consequential benefits in the line of the
communication made through the aforesaid Ministry of Home Affairs’
letter dated 10-10-1997.
The aforesaid judgment and order dated 23-08-2012 of the
learned Single Judge was challenged in WA No. 40(SH) of 2012 in the
Gauhati High Court, Shillong Bench, wherein by a judgment and order
dated 30-04-2013, the direction of the learned Single Judge was
modified with regard to the date of application of the benefit of arrear of
financial benefits. Thereafter, the matter reached before the Hon’ble
Supreme Court of India in Civil Appeal No. 13445 of 2015 (Arising out of
SLP (C) No. 29908 of 2013) and by an order dated 17-11-2015 passed
by the Hon’ble Apex Court, the judgment and order of the learned Single
Judge was restored.
[6] The Ministry of Home Affairs, thereafter, approved the
implementation of the judgment and order dated 23-08-2012 by issuing
a Memo dated 21-06-2016, wherein it was communicated that the
Ministry of Home Affairs in consultation with the Ministry of Finance has
agreed to implement the said judgment and order in respect of the
petitioners therein as well as the other similarly placed employees.
WP(C) No. 119 of 2019 Contd…/-
[7]
Thereafter, the Director General of Assam Rifles implemented the
judgment and order dated 23-08-2012 by extending the benefit of rank
structure and pay of Warrant Officer to 1250 petitioners in the said
WP(C) No. 277(SH) of 2010 by issuing an order dated 28-06-2016.
However, the benefits were extended only to the personnel of the clerical
cadre, who were in service as on 01-01-1986 and who were enrolled
thereafter upto 28-10-2002. As a result, 89 petitioners in the said WP(C)
No. 277(SH) of 2010 where left out and not conferred with the same
benefits.
[7] 87 out of the aforesaid 89 petitioners, who did not get the
benefits, again approached the High Court of Meghalaya by filing
Contempt Case (C) No. 21 of 2016. Later on, when the respondents in
the said Contempt case agreed to implement the said judgment and
order dated 23-08-2012 in respect of the said remaining 89 petitioners,
and after the Director General of Assam Rifles issued an order dated
12-04-2019 extending the benefits of the said remaining 89 petitioners,
the said contempt case was closed.
Subsequently, another batch of 192 Havildar (Clerk) of Assam
Rifles, who were enrolled in service after 28-12-2002, approached the
High Court of Meghalaya by filing a writ petition being WP(C) No. 198 of
2019 claiming the same benefits as are given in the judgment and order
dated 23-08-2012 passed by the High Court and order dated 12-04-2019
WP(C) No. 119 of 2019 Contd…/-
[8]
issued by the Director General of Assam Rifles. The said writ petition
was also allowed by the judgment dated 17-02-2023 and the Hon’ble
Apex Court declined to interfere with the said judgment and dismissed
the SLP bearing No. 15217 of 2024 filed by the authorities assailing the
said judgment passed by the High Court. As a result, the Director
General of Assam Rifles conferred the rank and status of Warrant Officer
at the Entry Grade to the aforesaid 192 personnel w.e.f. the date of their
respective entry into service by issuing an order dated 19-07-2024.
[8] Later on, another 612 Havildar (Clerk) of Assam Rifles, who
were enrolled in service after 28-12-2002 filed a writ petition being
WP(C) No. 244 of 2019 before the High Court of Meghalaya praying
for directing the respondent authorities to grant the benefit of rank
structure, status and pay scale of Assistant Sub-Inspector (Warrant
Officer) in the pay scale of Rs. 1320-2040/- (Revised 4000 – 6000/-)
w.e.f. the date of their enrolment in terms of the judgment and order
dated 23-08-2012 passed by the Gauhati High Court, Shillong Bench in
WP(C) No. 277(SH) of 2010. The said writ petition was dismissed by a
learned Single Judge, however, in an appeal being WA No. 12 of 2023
filed by the said writ petitioners assailing the judgment passed by the
learned Single Judge, a Division Bench of the High Court of Meghalaya
set aside the impugned judgment dated 05-12-2022 passed by the
learned Single Judge in WP(C) No. 244 of 2019 and allowed the said
WP(C) No. 119 of 2019 Contd…/-
[9]
writ appeal by granting the reliefs sought for by the said writ petitioners
vide judgment dated 18-03-2025 passed in WA No. 12 of 2023.
[9] The relevant portions of the said judgment are reproduced
hereunder for easy reference:-
“It emerges from the above that when a particular set of
employees is given relief by the Court, the other identically situated
persons shall be treated alike and not doing so would amount to
discrimination and, therefore, violative of provisions of Article 14 of the
Constitution of India. In such a situation, the authorities are obligated to
extend the benefit thereof to all similarly situated persons. It is settled
by now, specially in service law, that all similarly situated persons
should be treated similarly. Even, the principles of delay and laches as
well as acquiescence are of not much relevance for consideration of
relief claimed in the case.”
“There is no dispute to the fact that both the posts of Warrant
Officer (Clerk) and Havildar (Clerk) are entry level posts at the Assam
Rifles clerical trade. There is no difference of requisite qualification and
performance of duty between the two posts. The normal rule is that when
a particular set of employees is given relief by the Court, all other similar
and identically situated persons should be treated alike by extending the
same benefit. There cannot be selective implementation, particularly
when the judgement passed by the Court was a judgement in rem, to
create unreasonable classification. There cannot be two different entry
grades to one Clerical Trade where some employees get higher rank and
pay of Warrant Officer and other similarly situated employees get lessor
rank and pay of Havildar. Simply because, the appellants herein did not
come to Court and joined the first round of litigation, they cannot be
deprived of their legitimate rights. The respondents/employers are under
legal obligation to grant the benefit to all these similarly situated
employees, notwithstanding the fact as to whether they approached the
Court or not.”
“It is pertinent to mention that the set of all the 89 persons, who
received the benefit of financial upgradation and rank and status of the
Warrant Officer by order No. Rec(Adm-I)/MACPS (Court Case)/2019/320
dated 12-04-2019, have entered into the service after 28-10-2002. Another
batch of 192 persons, who were conferred with the same benefit
vide order No. Rec(Adm-I)/Ajay Kumar (Court Case)/2024/112 dated
19-07-2024 consequent to the Judgment dated 17-02-2023 passed in
WP(C) No. 198 of 2019, have also entered the service after 28-10-2002.
Both the sets of the aforesaid persons were enrolled in the service of the
Assam Rifles after the Recruitment Rules of 2002 came into force. In
such a situation, the contention raised on behalf of the respondents that
the appellants are not entitled to the benefit as the post of Warrant
Officer is not sanctioned by the rule is totally untenable and stands
rejected.”
WP(C) No. 119 of 2019 Contd…/-
[10]
“The ground of delay and laches as well as acquiescence raised
on behalf of the respondents is also not tenable in view of the law laid
down by the Hon’ble Supreme Court in Arvind Kumar Srivastava (supra)
as discussed above. The respondents by no stretch of imagination can
discriminate the appellants by treating them as employees belonging to
a different class by making unreasonable classification and deny them
the benefit which they are entitled to by virtue of the Judgment and Order
dated 23-08-2012 passed in WP(C) No.277 (SH) of 2010 and subsequent
approval of implementation issued vide Memo No. MHA U.O.
27013/2/2016.PF.IV dated 21-06-2016 of the Ministry of Home Affairs. I
also endorse the reasons given by my learned brother on the issue of
delay.”
“For what has been discussed above, the appellants have made
out a case for interference with the impugned Judgement dated 05-12-
2022 passed in WP(C) No.244 of 2019 and the same is hereby set aside.
Resultantly, the appellants are entitled to the relief claimed by them in
the writ petition.”
“The respondents are directed to issue necessary order granting
the benefit of rank and pay of Warrant Officer to the appellants w.e.f.
their respective date of appointment in terms of the benefits already
extended to the clerical cadre by implementation of the Judgment and
Order dated 23-08-2012 passed in WP(C) No. 277 (SH) 2010. The entire
exercise should be completed by the respondents within a period of four
months from today.”
The writ appeal stands allowed. No costs.”
[10] In the present case, all the petitioners were initially appointed
as Hindi (Typist) in the year 1999, 2000, 2001, 2003 and 2005.
According to the petitioners, the posts of Hindi (Typist) have been
converted as Havildar (Typist) pursuant to the sanction given by the
President of India as reflected in the letter dated 19-09-1989 of the
Ministry of Home Affairs, Government of India. It is also the case of the
petitioners that in para 2(b) of the Ministry of Home Affairs, Government
of India’s letter dated 16-03-2009, it is clearly mentioned that Hindi
(Typist) post does not exist as per RPE 2003 and the post of Hindi
(Typist) has been given as Havildar (Typist) post on combatisation in
1989 and that the said post will be merged with Havildar (Clerk) and will
WP(C) No. 119 of 2019 Contd…/-
[11]
enjoy promotional avenues as per the existing norms. All the petitioners
have also given option for combatisation and they have been combatised
w.e.f. 01-12-2011.
According to the petitioners, they are all similarly situated with
those Havildar (Clerk), who have been granted the benefit of rank and
pay of Warrant Officer by the High Court and subsequently, by the
authorities of the Assam Rifles and that they are also entitled to get the
same benefits. It has also been submitted on behalf of the petitioners
that the judgment dated 18-03-2005 of the Division Bench of the
High Court of Meghalaya in WA No. 12 of 2023 squarely covered the
case of the present petitioners and that the present writ petition can be
allowed by granting similar reliefs as are given to those appellants.
[11] Mr. W. Darakishwor, learned senior panel counsel appearing
for the respondents fairly submitted that the issues raised in the present
writ petition are similar with those issues raised and considered by the
Division Bench of the High Court of Meghalaya in WA No. 12 of 2023
and that the present writ petition can be disposed of in terms of the
judgment and order dated 18-03-2025 passed by the High Court of
Meghalaya in the said WA No. 12 of 2023. However, Mr. W.
Darakishwor, learned senior panel counsel vehemently submitted that
as the present writ petitioners were combatised as Havildar (Typist) only
w.e.f. 01-12-2011 and as they are not entitled to get the effect of
WP(C) No. 119 of 2019 Contd…/-
[12]
combatisation retrospectively from the date of their initial appointment,
they will be entitled to get the benefit of rank and pay of Warrant Officer
only w.e.f. the date of their respective combatisation as Havildar (Typist)/
Havildar (Clerks) i.e., w.e.f. 01-12-2011.
[12] Taking into consideration the facts and circumstances of the
present case and the submissions advanced by the learned counsel
appearing for the parties and also on perusal of the earlier judgments,
more particularly, the judgment dated 23-08-2012 passed by the Gauhati
High Court, Shillong Bench in WP(C) No. 277(SH) of 20210 and
judgment dated 18-03-2025 passed by the High Court of Meghalaya in
WA No. 12 of 2023, this court has come to the conclusion that the
petitioners are similarly situated with those petitioners/ appellants and
that they are entitled to get the same benefits as are given to those
petitioners/ appellants. Accordingly, the respondents are directed to
issue necessary orders granting the benefit of rank and pay of Warrant
Officer to the present petitioners w.e.f. the date of their respective
combatisation as Havildar (Typist)/ Havildar (Clerk) in terms of the
benefits already extended to the clerical cadre of the Assam Rifles
pursuant to the judgment and order passed by the High Court. It is made
clear that the whole exercise should be completed by the respondents
within a period of three months from the date of receipt of a certified copy
of this order.
WP(C) No. 119 of 2019 Contd…/-
[13]
With the aforesaid directions, the present writ petition is
disposed of. Parties are to bear their own costs.
JUDGE
FR / NFR
Devananda
WP(C) No. 119 of 2019 Contd.../-
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