UNION OF INDIA Vs. BALBIR SINGH YADAV

JUDGEMENT

(1.) The appeal is directed against an order of December 21, 2018 by which the respondent's writ petition was allowed and certain benefits conferred on the respondent that the appellant asserts that the respondent was not entitled to.

(2.) It appears that persons occupying clerical posts in the Assam Rifles were paid less than similarly positioned persons in the other Central Armed Police Forces. As a result, persons occupying clerical posts in Assam Rifles petitioned to this Court for the anomaly to be removed. By a judgment and order of the Gauhati High Court (from which this Court was carved out in 2013) the petition was allowed on August 23, 2012. The operative part of the order dated August 23, 2012 provided as follows:

(3.) There is no dispute that the judgment was upheld in appeal by an order of April 30, 2013. Special leave petitions carried from the appellate order were taken up by the Supreme Court and the resultant appeals dismissed by an order of November 17, 2015. Thus, clerical staff in Assam Rifles became entitled to the same pay and benefits as persons in clerical posts in the other Central Armed Police Forces.