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Gauhati High Court · body

1999 DIGILAW 170 (GAU)

Surajit Das v. Union of India and Ors.

1999-05-18

A.K.PATNAIK

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In this application under Article 226 of the Constitution, the petitioners have prayed for a direction on the respondents to implement the Pay Commission recommendations circulated under office order No. 955 dated 13th November 90 and to equalise the pay scale of the petitioners with that of the Assistant Personnel Officer, Assistant Public Relation Officer and Assistant Security Officer and to give the petitioners fitment in North Eastern Electric Power Corporation Ltd (for short NEEPCO) as per revision of pay scales similar to that of Assistant Public Relation Officer and status in Executive E2 level from the date of absorption in the National Power Transmission Corporation (for short NPTC). 2. The facts briefly are that the petitioners were working as Assistant Accounts Officer in NEEPCO. The petitioners were placed in the category of Supervisor/Non-technical with the revised scale of pay of Rs.2,000-3,200. The case of the petitioners is that they should have been placed in the category of executive and should have been paid a revised pay scale of Rs.2,000-Rs.3,500 as was being given to Assistant Personnel Officer, Assistant Public Relation Officer and Assistant Security Officer of NEEPCO. While the claim of the petitioners for higher scale of pay was pending before the NEEPCO, transmission system work under NEEPCO was transferred to the NPTC and pursuant to such transfer the employee working under NEEPCO were also transferred to NPTC with effect from 14.11.91. In the circular dated 29.5.91 relating to transfer of such employees from NEEPCO to NPTC it was inter alia stated as follows : “The NPTC has requested NEEPCO to communicate it to each such individual through the NEEPCO Management and ask for their option, with an assurance that on absorption in NPTC, the pay and allowances drawn by these individuals and the benefit of past service in NEEPCO will be fully protected.” By the aforesaid circular, therefore, the pay and allowances drawn by the individuals who were working under NEEPCO and were transferred to NPTC were to be fully protected. Pursuant to the said circular dated 29.5.91 the petitioners d were given the fitment under NPTC on the basis of their revised scale of pay of Rs. 2,000-3,200. Pursuant to the said circular dated 29.5.91 the petitioners d were given the fitment under NPTC on the basis of their revised scale of pay of Rs. 2,000-3,200. The further case of the petitioners is that, if the petitioners were given revised scale of pay of Rs.2,000-3,500 in NEEPCO they would have been entitled to fitment in the scale of pay in the executive category (El) of Rs.2,350 to 4,150. 3. Mr. AR Banerjee, learned counsel for the petitioners submitted that during the pendency of this writ petition, office order dated 29.9.97 has been issued by the General Manager (P&A) of NEEPCO granting to Assistant Accounts Officers who were working under NEEPCO the scale of pay of Rs.2,000-3,500 in place of Rs.2,000-3,20Q with effect from 1.1.89, A copy of said order dated 29.9.97 has been annexed to the affidavit filed in Court by the petitioners today. Mr. Banerjee submitted that since the petitioners were working under the NEEPCO till 14.11.91, they were entitled to the aforesaid revised scale of pay of Rs .2,000-3,500 from NEEPCO for the period from 1.1.89 to 14.11.91. Mr. Banerjee further submitted that for the period 14.11.91 onwards the petitioners were entitled to fitment in the executive category El with pay scale Rs.2,350-4,150 in the NPTC on the basis of the said revised scale of pay of Rs.2,000-3,500 under NEEPCO. Mr. Banerjee stated that the transmission system works presently stand transferred g to the Power Grid Corporation and submitted that this Court should issue a direction to NEEPCO as well as the Power Grid Corporation of India Ltd for making payment of the arrears of pay for the period in question to the petitioners on the basis of the aforesaid revised scale of pay and fitment. 4. Mr. MZ Ahmed, learned counsel for NEEPCO and the Power Grid Corporation of India Ltd, however, submitted that with the. transfer of the transmission system works from NEEPCO to NPTC and now the Power Grid Corporation of India Ltd, all assets and funds of NEEPCO relating to the said transmission system works also stand transferred to the Power Grid Corporation of India Ltd and by virtue of the said transfer it is not clear as to who would pay the arrears of pay to the petitioners for the period from 1.1.89 to 14.11.91; 5. It is clear from the order dated 29.9.97 issued by the General Manager (P&A), NEEPCO that the Assistant Accounts Officers who were working under the NEEPCO were entitled to revised scale of pay of Rs.2,000-3,500 with other allowances for the period from 1.1.89 to 14.11.91. Since the petitioners were working as Assistant Accounts Officers under NEEPCO for the period from 1.1.89 to 14.11.91, they are entitled to the aforesaid revised scale of pay from Rs.2,000-3,500 with other allowances for the period from 1.1.89 to 14.11.91. But the petitioners appear to have been paid for the aforesaid period at the revised scale of pay of Rs.2,000-3,500 plus other allowances. The petitioners are therefore entitled to the payment of arrears of pay on the basis of the revised scale of pay from Rs.2,000-3,500 for the period from 1.1.89 to 14,11.91. The aforesaid arrears would have to be paid either by NEEPCO or by the Power Grid Corporation of India Ltd depending upon the arrangements that have been made mutually between NEEPCO and the Power Grid Corporation of India Ltd with regard to the liabilities towards employees who were working under NEEPCO. 6. It also appears from the circular dated 21.5.91 that the pay and allowances of different individuals whose services have been transferred from NEEPCO and absorbed in the NPTC and thereafter the Power Grid Corporation of India Ltd were to be fully protected. Along with the said circular dated 21.5.91, copy of which has been annexed to this writ petition as Annexure 3 a statement of various scales of pay under the NPTC corresponding to NEEPCO pay scales was also attached and the said statement in Para 4,1 relating to Executive Category was to the following effect: 4.1. Executive Category NEEPCO pay scales NPTC pay scales wef 1.1.87 HPPC (effective) from 1.1.86 El 2350-1004150 2000-3500 E2 2500-1204300 . 2200-4000 E2A 2650-110-5100 ................;. E3 3700-140-4400-150-5900 3000-4500 E4 4600-150-5350-160-6470 ..........._ E6 5750-175-7325 4500-5700 E7 6250-175-7475 5100-6300 E7A 6500-175-7725 ................. E8 7250-200-8250 ................ VDARs-1343.25 (for quarter; 1.4.91 to 30.6,91.” It would be clear from the aforesaid statement that an individual working under NEEPCO with a pay scale of Rs. 2000-3500 was to be given on absorption under the NPTC a pay scale in the executive category El of Rs.2,350 to 4,150. E8 7250-200-8250 ................ VDARs-1343.25 (for quarter; 1.4.91 to 30.6,91.” It would be clear from the aforesaid statement that an individual working under NEEPCO with a pay scale of Rs. 2000-3500 was to be given on absorption under the NPTC a pay scale in the executive category El of Rs.2,350 to 4,150. But on a reading of the letter dated 11.11.91 of the Personnel Officers, NPTC to the petitioners, copies of which have been annexed to this petition as Annexure 4 series, it appears that the petitioners were given a fitment in the pay scale of Rs.2,000-3,200 on absorption in the service of NPTC. As the revised scale of pay of the petitioners under NEEPCO as on the date of their absorption under NPTC on 14.11.91 was Rs.2,000-3,500, the petitioners were entitled to fitment a in executive category El Rs.2,350-4,150 under the Power Grid Corporation of India Ltd and were entitled to their arrears of pay accordingly for the period from 14.11.91 onwards from the Power Grid Corporation of India Ltd. 7. For the reasons stated above, I dispose of this writ petition with a direction that the NEEPCO or the Power Grid Corporation of India Ltd as the case may be will within a period of 3 months from the date of receipt of the certified copy of this order from the petitioners as indicated above for the period from 1.1.89 to 14.11.91 depending upon the arrangements made between the aforesaid two Corporations. I further direct that within the aforesaid period of 3 months the Power Grid Corporation of India Ltd will give fitment in Executive Category El to the petitioners with effect from 14.11.91 as discussed above and pay the arrears for the period from 14.11.91 onwards to the petitioners. It will be open for the Power Grid Corporation of India Ltd to grant such other consequential service benefits to the petitioners in accordance with such fitment. Considering however the facts and circumstances of the case, the parties shall bear their own costs.