GS 157726 W RATNESWAR MAJUMDAR and 58 ORS v. THE UNION OF INDIA and 9 ORS
WP(C)/3876/2016 · 2025-05-26
Nelson Sailo
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 20508 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 20508 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010233212016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3876/2016 GS 157726 W RATNESWAR MAJUMDAR and 58 ORS S/O LT. A.C. MAJUMDAR, 520 SS and T COY GREF, C/O 99 APO, PERMANENT R/O LANKESWAR SURVEY, P.O. GUWAHATI UNIVERSITY, DIST- KAMRUP METRO, ASSAM VERSUS THE UNION OF INDIA and 9 ORS REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF SURFACE TRANSPORT, NEW DELHI Advocate for the Petitioner : MR.P MAHANTA, MR.P SAIKIA Advocate for the Respondent : ASSTT.S.G.I., C.G.C.,MRS A GAYAN(R- 1-10)
B E F O R E HON’BLE MR. JUSTICE NELSON SAILO
ORDER 27.05.2025 Heard Mr. P Mahanta, learned counsel for the petitioners and Ms. A Gayan, learned CGC for the respondents. Having regard to the projection made by the
Page No.# 2/3 petitioner, the writ petition is taken up for disposal at this stage. [2.] This is the second time the petitioner is before this Court. The earlier writ petition being WP(C) No. 167/2009 was disposed of vide Order dated
14.09.2014. The grievance of the petitioners who are GREF drivers primary relates to abolition of the practice of conferment of appropriate rank/stripes on their placement in the higher grade since as members of uniformed force, their status is determined by their rank and the worn insignia. The seniority personnel without the badge of recognition is usually unnoticed in the paramilitary force and moreover they are deprived of the amenities meant for higher ranked staff. According to the petitioners, such recognition and amenities are important facets of the upgraded status of the uniformed employees of the GREF organization. The writ petition was thus disposed of with the following directions:-
“(i) The authorities of GREF should take a call on the demand for conferment of appropriate rank and insignia upon upgradation of drivers and the final decision in this regard should be taken expeditiously. (i) When upgradation to higher Grade become impossible because of limited vacancies and a driver is made to serve in the same Grade without upgradation benefits for 12 years, the claim for ACP benefits for such drivers should also be considered by the employer, in a time bound- manner. (ii) The necessary consideration should be made on the above two claims of the serving drivers expeditiously and within 6 months of receipt
Page No.# 3/3 of intimation of this order, from the petitioners.” [3.] Mr. P Mahanta, learned counsel for the petitioner submits that despite the aforesaid direction, the respondent authorities have failed to mitigate the grievance of the petitioners effectively. Therefore, a representation was submitted by them which, however has not been considered. Aggrieved, they are again before this Court through the instant writ petition. [4.] Having regard to the nature of grievance projected by the petitioners, this Court is of the view that the same will have to be considered and addressed by the respondent authorities concerned.
Accordingly, the petitioners shall, within one month from today, submit a precise and concise representation addressed to the Director General, Border Roads (respondent No. 5) clearly stating their grievance and the benefits/facilities sought by them and the said authority shall take into consideration the same and dispose of their representation by way of a reasoned and speaking order, within a period of 2 (two) months from the date of receipt of the representation. The order to be passed by the authority concerned shall be communicated to the petitioners. [5.] With the above observation and direction, the Writ Petition stands
disposed of. JUDGE Comparing Assistant