Manipur High Court · 2022

10. Shiv Kumar, Hay/ORL No. 358026, S/o Shri Ram Kala Tiwari, presently posted at 4 Assam Rifles, C/o 99 APO, Chandel District, Manipur, Pin 932044.

11. Kikar Singh, Hay/ORL No. 355309, S/o Ghungar Singh, presently posted at 23 Assam Rifles, Makokchung District, WA No. 4 of 2022 State Nagaland, Pin 798601.

12. Rajeev Kumar, Hav/ORL No. 356269, S/o Suraj Singh, presently posted at 23 Assam Rifles, Makokchung District, State Nagaland, Pin 798601.

13. Rajeev C V, Hav/ORL No. 357820, aged about 47 years, S/o Shri C K Viswanathan, presently posted at HQ DGAR, Shillong District, Meghalaya State, 793010.

14. Madhu P, Hay/ORL No. 357583, S/o R Pappu, presently posted at HQ DGAR, Shillong District, Meghalaya State, Pin 793011.

15. Madhu M, Hav/ORL, No. 355580, aged about 56 years, S/o Madhavan P, presently posted at HQ DGAR, Shillong District, Meghalaya State, Pin 793010.

16. Gokul Kumar Pradhan, Hav/ORL No. 354245, aged about 57 years, S/o Chandra Prasad Pradhan, presently posted at HQ DGAR, Shillong District, Meghalaya State, Pin 793010.

17. C.A. Vinod, Hav/ORL No. 358314, aged about 48 years, S/o Aravindakshan Nair, presently posted at HQ DGAR, Shillong District, Meghalaya State, Pin 793010.

18. Ompal Singh Manhas, Hav/ORL No. 355160, S/o Babu Ram presently posted at 37 Assam Rifles, Jiribam District, Manipur State, Pin 795116.

19. Anil Kumar Dogra, Hav/ORL No. 355445, S/o Prakash Chand, presently posted at 23 Assam Rifles, Makokchung District, Nagaland State, Pin 798601. - Versus - …Appellants

1. The Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, North Block, New Delhi - 110001.

2. The Director General, Assam Rifles, Shillong, Pin 793010, Meghalaya.

3. Secretary to the Government of India, Ministry of Personnel, Public Grievances and Pension, North Block, New Delhi- 110001.

4. Colonel (Records), Assam Rifles, Shillong, Pin-793011.

5. The Chief Controller of Accounts, Pay and Accounts Office (Assam Rifles) Shillong, Pin - 793010. WA No. 4 of 2022

6. The Commandant, 45 Assam Rifles, Mantripukhri, Imphal East District, Manipur - 795002.

7. Shri Pankaj Sharma, Adjutant for Officiating Commandant, 45 Assam Rifles, Mantripukhri, P.O. Mantripukhri, P.S. Heingang, Imphal East District, Manipur - 795002. …Respondents B E F O R E HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR For the appellants Shri N. Ibotombi, Sr. Advocate For the respondents Date of Order Shri Kh. Samarjit, ASG 18-04-2022 ∷ ∷ ∷ O R D E R 18-04-2022 Sanjay Kumar (C.J.), [1] The grievance of the appellants, nineteen in number, is with regard to their rank and pay fixation in the Signal cadre of the Assam Rifles. Their prayer in WP(C) No. 790 of 2017, along with 141 others who were similarly situated, was to direct the authorities and more particularly, the Director General, Assam Rifles, Shilling, Meghalaya, to grant them an appropriate rank, i.e., Naik/Head Constable/Havildar, and fix their pay scales on par with their counterparts in other Central Police Organizations w.e.f. 01-01-1986; to grant them the 1st financial upgradation under the ACP Scheme as per the recommendation of the 5th Central Pay Commission; to grant them the 2nd and 3rd financial upgradations under the MACP Scheme as per the recommendation of the 6th Central Pay Commission; and to set aside earlier contrary orders granting them the 2nd and 3rd financial upgradations under the aforestated schemes. However, by judgment and order dated WA No. 4 of 2022 24-08-2020, a learned Judge of this Court held that there was no merit in their claims and dismissed their writ petition on that ground apart from the ground of delay and laches. [2] Aggrieved thereby, nineteen of the one hundred and sixty petitioners in WP(C) No. 790 of 2017 filed this appeal. [3] Heard Mr. N. Ibotombi, learned senior counsel, appearing for the appellants; and Mr. Kh. Samarjit, learned ASG, appearing for the respondents. [4] It is admitted fact that the applications submitted by the appellants and others, ventilating these grievances, were returned by the authorities of the Assam Rifles under letters dated 13-09-2017 and 22-09-2017, stating that necessary documents had not been furnished by them. However, the letters did not elaborate on what the necessary documents were, in clear terms. Mr. Kh. Samarjit, learned ASG, was therefore asked to ascertain what would be the documents required for proper consideration of the appellants’ claims. Having obtained instructions, Mr. Kh. Samarjit, learned ASG, informed this Court that the Deputy Chief Legal Officer in the Office of the Director General, Assam Rifles, Shillong, had stated that representations of the appellants, if now made, with all relevant documents, would be taken into consideration and thereafter, a decision would be taken in the matter. Mr. N. Ibotombi, learned senior counsel, states that the appellants would be willing to abide by this course of action. [5] As the authorities in the Assam Rifles are yet to take a reasoned decision vis-à-vis the claims of the appellants with regard to their rank and WA No. 4 of 2022 pay fixation on par with their counterparts in other Central Police Organizations and also the financial upgradation benefits due to them under the recommendations of the Central Pay Commission, it would be appropriate that they do so in the first instance before this Court is called upon to adjudicate on that issue on merits. [6] In that view of the matter, the appellants and others similarly situated shall submit representations afresh, ventilating their grievances with regard to their rank, pay fixation and financial upgradations, in terms of the prayers made in WP(C) No. 790 of 2017. Such representations shall be supported by all the documents which the representationists deem appropriate and relevant. Upon receipt of such representations along with supporting documents, the authorities in the Assam Rifles shall verify the same and inform the representationists as to whether any other documents would be required from them. If so, the representationists shall furnish all such additional documents, as have been called for, within two weeks from the date of receipt of such communication from the Assam Rifles. Upon receipt of the additional documents, the authorities in the Assam Rifles and more particularly, the Director General, Assam Rifles, Shillong, shall consider the representations and the supporting documents, in the context of the claims made by the representationists, and take reasoned decisions in the matter. It is made clear that such consideration shall be purely on the merits of the matter and in accordance with law, uninfluenced by the observations on merits made by the learned Judge in the judgment under appeal. WA No. 4 of 2022 [7] This exercise shall be completed within three months from the date of receipt of the additional documents, if any, sought by the Assam Rifles, and if no such additional documents are called for, within three months from the date of receipt of the representations along with supporting documents. The decisions taken shall be communicated to such representationists under acknowledgment. The writ appeal is disposed of with the above directions. No order as to costs. JUDGE CHIEF JUSTICE Victoria NINGOM BAM VICTORIA VICTORIA 10:14:21 +05'30' WA No. 4 of 2022