RFN/GD NO. 5003880F Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners to issue a writ of mandamus directing the respondents to remuster/ upgrade/re-designate the post of the petitioners to the rank of Nb/Sub (E&M) and Nb/Sub (B&R), JE as initial rank with effect from the date of completion of Diploma course as far as petitioner Nos.1, 2, 3, 6, 7, 8, 9 and 10 are concerned and with effect from 19.01.2007 i.e., from the date of recognition and utilization as far as petitioner Nos.4 and 5 are concerned with an financial benefits and subsequently to the post of Subedar and Subedar Major.

(2.) The case of the petitioners is that the petitioners were initially joined as Riflemen in Assam Rifles and they have been provided an opportunity to undergo Diploma course in Electrical and Mechanical Engineering to be held in the College of Military Engineering, Pune and Mizoram State Polytechnic, Lunglei. It was declared that Diploma in Electrical and Mechanical Engineering (DEM) course is a remusteration course for Engineering trade. Accordingly, the petitioners had gone Diploma course and had completed the Diploma Course in Electrical and Mechanical Engineering and Diploma in Civil Engineering from College of Military Engineering, Pune and Mizoram State Polytechnic, Lunglei. After completion of the course, the petitioners were discharging their duties as an Electrical and Mechanical Engineer and Boarder and Road (B&R, JE) and also performing duties of E&M and B&R, JCO. A certificate of Technical Proficiency was issued, in which it was stated that petitioners were eligible for remustering as per Qualification Regulation for Soldier, 1958 as amended from time to time.

(3.) As far as petitioner Nos.4 and 5 are concerned, they were given posting and utilized as B&R and they should be given Nb/Sub from the date of recognition and utilization as B&R Engineers by the respondents i.e., from 19.1.2007. The petitioners were treated as Engineers and even given posting along with the other Engineers and even some of the petitioners were appointed as Engineer-in-charge for some of the Work Orders and had discharged the same work of JCO Engineer.