KH.NOBIN SINGH,J. - (1.) Heard Shri M. Rarry, the learned counsel appearing for petitioners and Shri S. Rupachandra, the learned ASG appearing for all the respondents.
(2.) By the instant writ petition, the petitioners have prayed for issuing a writ of Mandamus directing the respondents to upgrade and re-designate the post of Havildar/Pharmacist held by the petitioners in Assam Rifles to that of Warrant Officer in the pre-revised scale of Rs. 4,500-7000/- with effect from 1.1.1996 by implementing the order dated 18 10 2015 issued by the Office of the Director General,Assam Rifles, Shillong.
(3.) According to the petitioners, they are all serving as Havildars/Pharmacist in the Assam Rifles after having obtained educational qualifications of 10+2, Diploma in Pharmacy and after having completed more than 2 years in the entry grade. The matter relating to service conditions and pay scale of the Havildar Pharmacist received due considerations, from time to time, from different Pay Commissions. 3.2. While the petitioners were/are serving as Havildars Pharmacists, the Union of India issued a Notification dated 21.02.2013 notifying the rule called " The Assam Rifles, Pharmacist,Group "C" Combatised Post Recruitment Rules, 2013" and in the said recruitment rules, the educational qualifications prescribed for appointment as Havildar Pharmacist are as under:- "(a) Educational Qualifications: (i) 10th pass from a recognized Board or equivalent; (ii) Diploma in Pharmacy of two years duration from a recognized University of Institute and having registration with State Pharmacy Council." Being aggrieved by the said recruitment rules, there has been a series of litigations and one of such being 820 of 2013 which was allowed by this court vide its judgment and order dated 20.08.2014 and the para 9 of the said judgment and order is given asunder:- "[9] Accordingly, we allow this writ petition. Resultantly, the Recruitment Rules for the post of Havildar (Pharmacist) in the Assam Rifles as notified vide notification dated 28.02.2013 (Annexure-A/15) are interfered and set aside to the extent of stipulation of educational qualification only as 10th pass or equivalent,for appointment as Havildar (Pharmacist) in the Assam Rifles, which according to us should be 10+2 Examination pass from a recognized Board or equivalent and accordingly has to be read as such till appropriate amendment is made by the competent authority. Secondly, coming to the issue of revision of pay, as the respondents have failed to prove that the education qualification required for appointment as Pharmacist in the other central police forces is higher than the Pharmacists in the Assam Rifles, and there is no other valid reasons to deny pay parity, the case of the petitioners forup-gradation of the pay on the analogy of CPFs has to be reexamined by the authorities, which we direct to do sonow, which exercise shall be completed within a period of six months from today." In compliance with the said judgment and order, the Office of the Director General, Assam Rifles, Shillong issued an order dated 18.10.2015 conveying the approval of the competent authority for up-gradation and re-designation of the post of Havildar Pharmacist heldby the petitioners therein only. 3.3. The instant writ petition has been filed by the petitioners contending inter-alia that they are similarly situated with the petitioners in W.P. (C) No. 820 of 2013 and that the benefits of up-gradation/designation of the post of Havildar Pharmacist in the Assam Rifles to that of the Warrant Officers in the pre-revised scale of Rs. 4500-7000/- with effect from 01.01.1996 vide order dated 18.10.2015, be extended to them. The stand of the respondents as reflected in their affidavit-in-opposition is that since the rank in which the petitioners are recruited and educational qualifications prescribed in the recruitment rules, are different from that of the Central Armed Police Forces, the petitioners cannot be equated with them and that no justice has been denied to them. ;