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Judgment
The matter had been adjourned on the previous occasion to enable Advocate for the respondents to seek instructions.
It may be noted that at the time that this appeal was moved, it was submitted on behalf of the appellants that the issue involved herein, pertaining to pay parity of certain employees in the Assam Rifles with those in the other Central Armed Police Forces, is substantially similar to the question that arose in WA No. 10 of 2022 that was disposed of by a judgment and order of April 20, 2022.
Though a petition for special leave to appeal has been carried against a judgment of this Court dated April 20, 2022, there does not appear to be any stay of the relevant order.
The appellants had also pointed out that in a more recent judgment of this Court of February 17, 2023 in WP(C) No. 198 of 2019 (Ajay Kumar v. Union of India), a somewhat similar question was involved. The appellants submitted that if Assam Rifles had implemented the order dated February 17, 2023, the same would have a bearing on the present matter.
On behalf of Assam Rifles a two-fold submission is made. First, it is submitted that the judgment of April 20, 2022 has been challenged, albeit there being no stay in place till date. Secondly, it is the submission of Assam Rifles that the more recent order of February 17, 2023 has been forwarded to the Ministry and instructions are awaited. It is also the respondents’ contention that the issues involved herein are not substantially similar to the issues that arose in WA No. 10 of 2022.
In such circumstances, Assam Rifles is permitted a fortnight’s time to file an affidavit to indicate the status of the two orders of April 20, 2022 and February 17, 2023 and the matters arising therefrom. Affidavit-in-reply, if any, may be filed within a week thereafter.
The appeal will appear for hearing four weeks hence.
It is recorded that if it is ultimately discovered that the issues involved in the order dated April 20, 2022 are also the issues involved in the present case, Assam Rifles may be appropriately dealt with for the unnecessary waste of time.
List on August 30, 2023.