JALESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter pertains to the perceived anomaly in the pay-scale offered to the Assistants, who occupy a civilian post in the Assam Rifles. There is no dispute that since 2008 all posts in Assam Rifles and other Central paramilitary organisations have been combatised and the civilian cadre of Assistants in Assam Rifles will die out in the next few years.

(2.) The present writ petition arises out of an order of December 21, 2018 passed by the Central Administrative Tribunal, Guwahati Bench on a petition of several persons who occupied the post of Assistant in Assam Rifles. The principal case carried out to the Tribunal was that since the duties and responsibilities of Assistants across the Central paramilitary forces were equal, there ought not to be any disparity in the pay and emoluments between persons in the Assistant cadre in one Central paramilitary organisations and the members in the similar cadre in another.

(3.) This is the second round of litigation between virtually the same parties, though the Union insists that several of the original petitioners have abandoned the cause and the matter be confined to only the two petitioners who are before this Court pursuing the grievance while the others are deemed to have resigned to their fate and accepted the order of the Tribunal or the previous rejection of their requests at various levels. By the order impugned, the Tribunal has held that since Assistants in Assam Rifles, historically, did not have the same pay-scales as Assistants in other Central paramilitary forces, parity in pay-scale could not be sought with the other civilian Assistants in comparable organisations.