GOPIKARANJAN CHOUDHARY GENERAL SECRETARY OF UNION OF ASSAM RIFLES NON GAZETTED EMPLOYEES NORTH EAST REGION Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the order dated August 11, 1996, passed by the Central Administrative Tribiunal, Gauhati Bench rejecting the claim for parity in emoluments between the Upper Division Assistants and Lower Division Assistants (hereinafter referred to as UDAs and LDAs) in the branch establishments on the one hand and their counter parts working at the Headquartes on the other.

(2.) The admitted facts are that the Assam Rifles, a paramilitary force was created by the then Assam Govt. under the Assam Rifles Act, 1920, for its protection. It was taken over by the Government of India, Ministry of External Affairs under this direct control in October 1947. It appears further that the Government of India appointed an Inspector General as the Head for conducting mainly the administrative work of the Force. The Force which was controlled by the North Eastern Frontier Agency (NEFA) had 25 Battalions / Units and each Battalion consisting of about 1400 personnel which also included some civilians. In 1962, on account of the then exigencies, the Force underwent restruturing of its organisation as a result of which a separate Unit known as Central Record and Pay Accounts Office (C.R. and P.A.O.) was created at the Headquarters. Each Battalion / Unit had to send its detailed note on the pay and service record to this office.

(3.) The Third Central Pay Commission (1973) recommended unified pay scales to the combatant staff of the Force on parity with the Army staff. However, as regards the ministerial staff of the Force (such as the UDAs and LDAs with whom we are concerned in the present case), the Commission recommended two different scales of pay, one for those attached to the Headquarters and the other to the Battalions / Units, and the same came into force by an order of the Ministry of Home Affairs issued in March 1975. The pay scales of the staff at the Headquarters were higher than those of the staff attached to the Battalions / Units.