Bitan Kumar Deb And Others vs Union Govt. Of India And Others

Ramalingam Sudhakar, CJ

[1] Heard Mr. B.P.Sahu, learned senior counsel for the petitioners and Mr.S.Suresh, learned CGC for the Union respondents.

[2] The grievance of the petitioners, who filed the Original Application No.269 of 2013 before the Central Administrative Tribunal, Guwahati Bench, appears to be that para No.19 of the order dated 24th April, 2015 of the learned Tribunal is in their favour but since the OA has been dismissed, they are aggrieved.

[3] Facts of the present case are as follows:-

That while the petitioner claims that they are non-combatant school teachers of 35 Assam Rifles and 45 Assam Rifles. Their primary job is teaching the wards and children of jawans of Assam Rifles. This fact is disputed by Mr.S.Suresh, learned CGC by producing order dated 31.7.1992 stating that most of the teachers/ petitioners are appointed in Assam Rifles to teach the jawans. The same is quoted as under:-

"DIRECTORATE GENERAL ASSAM RIFLES: SHILLONG-11

ORDER

A/v-A/91/BKD/pers/98 Dated Shillong, the 31 Jul '92

1.The Director General Assam Rifles, Shillong appoints Shri Bitan Kumar Deb as a Junior Teacher against the existing vacancy of 21 Assam Rifles with effect from 23 Dec 91 (FN) until further orders in the scale of pay of Rs 1200-30-1560-EB-40-2040/-per month plus other allowances as may be admissible from time to time.

The appointment is purely temporary and may be terminated on one month notice from either side.

The individual is liable to serve anywhere in India wherever Assam Rifles units located.

Sd/-

(Devendra Singh)

Major

Offg Assistant Director(A)

for director General

Assam Rifles dt Shillong, the 31 Jul'92

Memo No.A/V-A/91/BKD pers/98(a)

Copy forwarded to:-

The Additional Accountant General Central and Arunachal Pradesh Shillong.

Pay and Accounts Office (AR) Manbha Villa, Laitumkhrah Shillong-793003

HQ Inspector General Assam Rifles (N) C/o 99 APO

HQ MP Range Assam Rifles C/o 99 APO

21 Assam Rifles C/o 99 APO - for into end necessary action with ref to to their letter No. I 46011/103/92- A/2505 dt 20 May 92. along with a original police verification report

Office copy

Pers file Sd/-Z xx

(H N Jha)

Hindi Officer for Director General

Assam Rifle"

******

"DIRECTOR GENERAL ASSAM RIFLES : SHILLONG-793011

ORDER

X/V-I / Rect/JT/III/97 Date Shillong, the ...... Jul 92

1.The Director General Assam Rifles, Shillong appoints Shir Mahendra Kumar temporarily as a Junior Teacher against the existing vacancy of 15 Assam Rifles with effect from 31 Dec 91 (FN) until further orders in the scale of pay 1200-30-1560-EB-40-2040/- per month plus other allowances as may by admissible from time to time.

The Appointment is purely temporary and may be terminated on one month notice from either side.

The individual is liable to serve anywhere in India wherever Assam Rifles units located.

Sd/-

(Rakesh Sharma)

Lt. Col

Assistant Director (A)

for director General Assam Rifles.

Memo No. A/V-I/91 Rect/JT/ III/9700 dated Shillong, the 28 Jul 92.

The Additional Accountant General Central and Arunachal Pradesh Shillong-1

Pay and Accounts Office (AR) Manbha Villa, Laitumkhrah Shillong-793003

HQ Inspector General Assam Rifles (N) C/o 99 APO

HQ Nagaland Range (H) - for info. C/o 99 APO

Assam Rifles, C/O, 99 APO

15 Assam Rifles C/o 99 APO - for into end necessary action with ref to along with original police verification Report in respect of the indvl for keeping Service book.

Pera file

Office copy

Sd/-Z xx

(P.B.Ray)

CGO

for Director General

Assam Rifle"

******

[4] The petitioners/teachers plead that their service conditions are based on Assam Rifles Teaching Staff Recruitment Rules, 1980 published in Gazette of India Notification No.246 dated 7th March, 1981. While in para No. 3 of the impugned order, it was recorded and concede that they are supposed to teach Jawans who join service with lower education qualifications, This post of teacher to Jawans became redundant due to the change in the minimum educational qualification of Jawans, to that of Matriculate. The teachers were assigned the job of teaching the wards and children of jawans in the Assam Rifles School or Assam Rifle Regimental School as the case may be. The nomenclature, Assam Rifles School and Assam Rifle Regimental School is loosely referred to by the parties and is also recorded by the Tribunal without any clarity as to whether there are two different schools or it is one and the same school. It is one of the reason for the so called confusion in the order of the Tribunal.

[5] Be that as it may, while these petitioners were serving as a Junior/Senior teachers and Hindi teachers, a notification dated 15.7.1993 was issued by the Director General of Assam Rifles specifying Charter of Duties of Assam Rifles Teachers which is quoted as under:-

"Annexure-A/10

Govt. of India,

Ministry of Home Affairs,

Directorate General, Assam Rifles,

Shillong-793010

A/Pers/II-26/Misc(Civ Staff)/2013/446 15 Jul, 2013

List 'A' to 'F'

EMPLOYBILITY OF ASSAM RIFLES TEACHERS

Background

Each Assam Rifles Battalion has been authorized teachers as under:-

(a) Senior Teacher - 01

(b) Junior Teacher -02

(c) Hindi Teachers -03

In the past, he composition of Assam Rifles was primarily of troops hailing from Noth-East, Nepal and Hill Tribes of Northern India. These troops were recruited with comparatively lower educational qualifications. In order to enhance their educational teachers were authorized in Assam Rifles. However, over a period of time, the educational standards of our troops especially those hailing from the NE region has improved tremendously and the composition of the Force has changed to Pan-India with 60:40 composition with 60% of troops hailing from the Hindi speaking belt. As the teachers became less involved in teaching Hindi and other subjects to the troops, perhaps the Commanding Officers of various battalions utilized them in various capacities in the fledging Assam Rifles Nodal Schools.

Charter of Duties of Assam Rifles Teachers

The charter of duties of various categories of Assam Rifles teachers are at Appx A to D. It is directed that these teachers be employed as pet their charter to improve the education standards of out troops.

In view of the above, it is directed that the Assam Rifles teachers will not be employed as Principle, Headmaster or in any managerial capacity din the schools. All teachers borne on the strength of the Force will be employed strictly as per their charter of duties. Unit Commandants will employ contractual teachers for the AR Schools being run by them with immediate effect and pay them accordingly from school funds.

A confirmation to this regards be forward d to HQ DGAR ('A' Branch) by all IGsAR, HQ 25 Sect, ARTC & S and all units directly under HQ DGAR by 15 Aug 2013 positively.

The Charter of Duties was indicated in Appendix "A" and "B". Aggrieved by this, the aforesaid Original Application was filed before the CAT, Guwahati Bench being No.269 of 2013, disposed of 24th April, 2015. The Tribunal recorded the pleadings of the petitioners as well as the Union of India and came to the conclusion in para No.19 of the order as follows:-

"19. In our view, applicants are non combatant civil teachers of Assam Rifles and vide impugned order dated 15.07.2013, their service conditions is not going to be affected. The main character of the service of the applicants is to impart education to the ward/children of Assam Rifles Troops. It is the primary duty whatever the additional duties are being done by the applicants for welfare of the children of the Jawans/Troops for the remote areas. We do not find any logic to make a room to understand in what extent the nature and character of service condition of the applicants is changed without hitting the main aim and object of the appointment of the applicants which meant for imparting education to ward/children of the Jawans/Troops."

[6] Since the Tribunal has come to the conclusion that the proceeding dated 15.7.2013 is not going to affect the service conditions of the teachers, the question of setting aside the order did not arise and therefore, the OA was dismissed. Against this order of the Tribunal, the Union of India has not filed any appeal. It is the petitioners before the Tribunal, who are aggrieved by the statement that the OA is dismissed, have chosen to file this present petition.

[7] Having noticed the finding of the Tribunal at paragraph No.19 of the order, it is quite clear that the Tribunal chose not to allow the Original Application or set aside the proceeding dated 15.7.2013 for the reasons stated therein. The relief of setting aside the proceeding dated 15.7.2013 was declined and the petition dismissed. The observation in para No.19 of the impugned order that it does not apply to the teachers in question, has not been challenged by the respondents/ Union of India and therefore, there is no cause for the present petitioners to seek modification of the order of the Tribunal. We find no reason to interfere with the order of the Tribunal when the finding is in favour of the petitioners.

[8] We find no reason to interfere with the order under challenge. Accordingly, the petition stands dismissed.