SAMER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking a writ of mandamus directing the second respondent to grant rank Naik/Head Constable/Havildar and pay scale to them at par with their counterparts in other Central Police Organisations with effect from 1.1.1986 and to direct the second respondent to grant first financial upgradation to the petitioners under the Assured Career Progression Scheme as per the recommendations of the 5th Central Pay Commission. The petitioners sought direction on the second respondent to grant second and third financial upgradations under MACP Scheme as per the recommendations of the 6th CPC. The petitioners also prayed to set aside various orders granting second financial upgradation under ACP Scheme, second and third financial upgradations under MACP Scheme.

(2.) The petitioners are employees of Assam Rifles and at present they are holding the post of Havildar/Operator Radio and Line (ORL), which is the cadre post in the signal grade of Assam Rifles. The petitioners have been rendering their services as Havildar Operators in different Units, Formation Head Quarters and Minor Units of Assam Rifles, which is a Central Para-Military Force (CPMF) in Signal Trade. With the implementation of 4th Central Pay Commission (CPC), which came into force with effect from 1.1.1986, the personnel of Assam Rifles have been placed at par with other Central Police Organisations (CPOS) like BSF, CRPF, ITBP, CISF etc.

(3.) Respondents 1 to 6 filed affidavit-in-opposition stating that the petitioners were enrolled into Assam Rifles as Rifleman (ORL) and all of them were promoted/upgraded to the rank of Havildar (ORL). The petitioners were recruited as per GSR-198 dated 31.5.2000, which envisaged the minimum qualification for recruitment of Rifleman (ORL) for direct recruitment having educational qualification for entry in Assam Rifles as Matriculate with English, Mathematics and Science Physics. Pay and allowances have also been extended as per the recommendations of the 5th CPC and pay applicable to the petitioners was Rs. 3050-75-395080- 4590 which has further been revised to Rs. 5200-20200 in PB-I with GP 2000 with effect from 1.1.2006 in the 6th CPC.