SHILLONG BENCH RUPENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner No. 1 was initially appointed as the Rifleman/Operator Radio line on 07.08.1999 and subsequently remustered as Rifleman Draughtsman w.e.f. 13.02.2006 in the scale of pay Rs. 3050-4590/-, whereas the writ petitioner Nos. 2, 3, 4, 5 and 6 were appointed as the Rifleman Draughtsman w.e.f. 25.09.2001 and since then have been working in the said capacity without blemish so far. The writ petitioner No. 7 was initially appointed as Rifleman Draughtsman on 26.10.1996 in the scale of pay of Rs. 3200-4900/- and subsequently promoted as Havildar Draughtsman w.e.f. 06.10.2004, whereas the writ petitioner No. 8 was initially appointed as the Rifleman Draughtsman and subsequently promoted as Havildar Draughtsman in 2004. In the Assam Rifles all the Draughtsmen used to be initially appointed in the rank and status of Havildar in the scale of pay of Rs. 3200-4900/-, but the petitioners those who were appointed as the Rifleman Draughtsman were placed in the lower scale of 3050-4590/-, having similar qualification.

(2.) The Government of India, Ministry of Home Affairs, by the Office Memorandum No. 27011/100/97-PF-1, date 22.01.1998 (Annexure-I to the writ petition), on considering the recommendation of the 4th and 5th Central Pay Commission, rationalised both the post of Rifleman Draughtsman and redesignated them as the Assistant Sub-Inspector with a common replacement scale of Rs. 4000-6000/- w.e.f. 10.10.1997. Thus the Rifleman (Constable) and Havildar (Head Constable) Draughtsman stood upgraded to the rank of Assistant Sub-Inspector in the scale of pay of Rs. 4000-6000/- w.e.f. 10.10.1997. In this context, it would be essential to reproduce the entire Order No. 27012/1/97 PC Cell/PE. 1, dated 10.10.1997 (Annexure-G to the additional affidavit).

(3.) It emerges from the order dated 10.10.1997 that the rank of L/NK & NK in the Central Police Organisations will be merged with the rank of Constable and Head Constables respectively. Apart the rank structure, rationalized pre-revised pay scale and replacement pay scale in the Central Police Organization in respect of the said cadres certain other benefits have been provided therewith. Later on, on 22.01.1998, to remove some ambiguities from the said order dated 10.10.1998, another Office Memorandum under No. 27011/100/97-PF-l was issued on 22.01.1998 by the Ministry of Home Affairs. For the purpose of a conjoint reading, the said Office Memorandum dated 22.01.1998 as a whole is reproduced hereunder: