High Court · 2012

Heard Ms. D. Das Barman, learned counsel for the petitioners and Mr. B. Saikia, learned State Counsel appearing for the respondent Nos. 1 to 6. None appears for the respondent Nos.7 and 8. The petitioners, two in number, were appointed as Assistant Director, Town and C ountry Planning Department by notification dated 26.05.2003 issued by the Deputy Secretary to the Government of Assam, Urban Development Department, in the pay scale of Rs.4390- 90- 4480- 120- 5200- 175- 6075- EB- 175- 6600- 250- 8100-325- 11025- 400- 11,425/- P.M., on recommendation of the Assam Public Service Commiss ion pursuant to Advertisement No.2 of 2002. The scale of pay in the said advertisement was indicated as Rs.4390- 90- 4480- 1 20- 5200- 175- 6075- EB- 175- 6600- 250-8100-325- 11025- 400- 11,425/- P.M. A no te was also put that pay will be subject to final result of Writ Petition No. 34 80 of 2000 pending before this Court. In WP(C) 3480 of 2000, a notification dated 4/6/1999 issued by the Commissioner and Secretary to the Government of Assam, Finance Department was under challenge . The relevant portion of said notification is extracted below for better unders tanding of the grievances expressed by the petitioners: (cid:28) GOVERNMENT OF ASSAM FINANCE (PAY RESEARCH UNIT) DEPARTMENT DISPUR, GUWAHATI-6 ORDERS BY THE GOVERNOR NOTIFICATION NO. FPC.43/98/61 In exerc Dated Dispur, the 4th June, 1999 ise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Assam is pleased to order that the following further ame ndments shall be made in the Schedule ’A’ to the Assam Services (Revision of pay ) Rules, 1998, published in the Extra-ordinary issue of the Assam Gazette dated 4th July, 1998 under Notification No. FPC.5/94/248, Dtd. 4th July, 1998, namely: - Under the Head (cid:28)Town and Country Planning Department (cid:29) below the sub-head (cid:28)(I) Town Planning Organisation (cid:29) (Page No. 1411) the existing entries in column No. (3) & (4) against the post of (cid:28)Joint Director (cid:29) (cid:28) Deputy Director (cid:29) and the e xisting entries in column (3) against the post of (cid:28)Assistant Director (cid:29) shall be substituted as follows (cid:29):- Name of the post 1. Joint Director 11425-EB-400-13825. Deputy Director 8100-325-10700-EB- 8750-325-11025-400- Revised Scale Remarks

2.3(Rs)

4. Asstt. Director (i) 5725-175-6600-250- 7350-EB-250-8100-325- 325-11025-400-13025. 11025-400-11825 (For promotee officers) (ii)4390-90-4480-120- 5200-175-6075-EB-175- 6600-250-8100-325- 11025-400-11425. (For direct recruited officers) Sd/- S.C.Das, 04.06.99 Commissioner & Secretary to the Govt. of Assam, Finance Department. (cid:29) WP(C) 3480 of 2000 was filed by petitioners who were recruited by a recruitment process conducted by the Assam Public Service Commission as Assistant Directors in the Department of Town and Country Planning, Government of Assam. The said pe titioners were enjoying pay scale of Rs. 5725-175-6600-250-7350-EB-250-8100-325- 11025-400-11825 P.M., pursuant to the report of the Assam Pay Commission, 1994, since August 1998. By the notification dated 04.06.1998, Schedule-A of the ROP R ules, 1998, published on 04.07.1999 was amended and the pay scale of the said pe titioners was reduced to Rs. 4390- 90- 4480- 120- 5200- 175- 6075- EB- 175- 6600 - 250-8100-325- 11025- 400- 11,425/- P.M. This Court in paragraph 16 of the judgment dated 14.07.2007 noted thus: (cid:28)In the wake of the discussions made above relating to entitlement to get the sa me pay scale by an incumbent, in the instant case we find that, in fact, there a re no two difference classes of employees to be considered differently providing different classes of employees to be considered differently providing different scales of pay. It is not the case of the respondents that the Assistant Directo rs in the Department of Town and Country Planning are not entitled to pay scale of Rs. 5725/- to Rs. 11,825/- per month. On the other hand, it is the case of th e respondents that the petitioners being direct recruitees to the post are not e ntitled for the same. As noted above, the recruitment to the posts being only by way of direct recruitment, the petitioners cannot be denied with the pay scales of Assistant Directors in the range of Rs. 5725/- to Rs. 11, 825/- as recommend ed by the Assam Pay Commission which was subsequently accepted by the Government . No discernible reason acceptable in law could be shown so as to lower down the existing pay scales of the petitioners as has been done by the impugned notific ation. The impugned notification having been suspended by this Court at the time of admission of this writ petition, the petitioners are enjoying their salary i n the scale of pay of Rs. 5725/- to Rs. 11,825/- per month till date. (cid:29) Accordingly, by the said judgment the notification dated 04.06.1999 was set asid e and this Court directed that the petitioners would be entitled to get their sa lary at enhanced rate as provided under the ROP Rules, 1998. Ms. Barman submits that the petitioners are identically situated as the petition ers in WP(C) 3480 of 2000 and as such they are entitled to the same pay scale of 5725-175-6600-250-7350-EB-250-8100-325-11025-400-11825 P.M. and the terms of th e advertisement having indicated that the pay scale prescribed in the Advertisem ent No.2 of 2002 being contingent upon the decision of this Court in WP(C) 3480/ 2000, the petitioners cannot now be deprived of enjoying the pay scale of 5725- 175-6600-250-7350-EB-250-8100-325-11025-400-11825 P.M. Mr. B. Saikia, learned State Counsel submits that the case of the petitioners is covered by the judgment of this Court dated 14.09.2007 rendered in WP(C) No.348 0 of 2000 and they are entitled to pay scale of Rs. 5725-175-6600-250-7350-EB-25 0-8100-325-11025-400-11825 P.M. In view of the aforesaid submission of the learned counsel for the parties, it i s ordered that the petitioners will be entitled to pay scale of Rs. 5725-175-660 0-250-7350-EB-250-8100-325-11025-400-11825 P.M. from the date of their joining. The arrear salary, representing the difference between the scale presently enjoy ed by the petitioners and the scale to which the petitioners are held to be enti tled to, shall be paid by the concerned respondents within a period of six month s from today. The writ petition is allowed and disposed of.