Upon hearing Mr. C. Baruah, learned senior counsel appearing for the petitioner as well as Ms G. Deka, learned Govt Advocate for the State respondents and also on perusal of the available materials on record, I am of the view that this matter can be disposed of at this stage considering the simple nature of the case and, accordingly, this writ petition is hereby disposed of with the following short order. 2. The facts of the case in a short compass are as follows : The petitioner herein namely, Sri Ninya Bagra was appointed as Junior Engineer (Electrical) on regular basis vide, Govt order dated 11.8.92 and, subsequently, the petitioner along with the few others were allowed to work as Assistant Engineer (Electrical) on officiating basis vide Govt order dated 14.7.97 in the pay scale of Rs.2,000-60-2,300-EB-75-3,200-100-3,500 per month plus other allowances as admissible to the post of Assistant Engineer until further orders and, accordingly, the petitioner also joined in the said post and received the scale of pay which is admissible to the post Assistant Engineer as seen in the document marked as Annexure A to the writ petition and, on and from 12.5.2001 the petitioner has been regularly serving and working as Assistant Engineer. Though the petitioner had been getting he scale admissible to Assistant Engineer earlier i.e. die scale admissible to the post of Assistant Engineer was given to the petitioner upto April, 1999 and, on and from May, 1999, the said scale was not given to the petitioner and instead, he was paid only the scale admissible to Junior Engineer wef May, 1999 till 11.3.2001 without any justification. 3. Mr. C. Baruah, learned senior counsel appearing for the petitioner contended inter alia, that since the date of his promotion to the post of Assistant Engineer on officiating basis, the petitioner is Carrying duties and responsibilities of greater importance than that of a Junior Engineer and, apart from that, the promotion to the post of Assistant Engineer from Junior Engineer is a regular cadre promotion. It is also contended by the learned counsel mat this Court in a number of cases viz Civil Rule No.4594 of 1997 passed on 22.9.1997, Civil Rule No.3979 of 1998 passed on 1.2.2000, Writ Petition (C) No. 113(AP) of 2000 passed on 7.6.2001 etc etc afforded benefits to the petitioners concerned allowing them to draw the scale of pay admissible to the post of Assistant Engineer with effect from the date of their officiating promotion to the post of Assistant Engineer. Though, in case of the petitioner who is similarly situated with those petitioners, the same benefit was afforded to him upto April, 1999 but from May, 1999 till the date of his holding the post of Assistant Engineer on officiating basis upto the period i.e. 11.3.2001, the same benefit was not extended to him. 4. The law has been settled by the decisions of the Apex Court in similarly situated cases. In (1996) 10 SCC 531 (Judhistir Mohanty vs. State of Orissa & others), the Apex Court held thus : "It is settled position that if die Govt for want of candidate, directs an officer in the lower degree to perform the duties to the post in the higher cadre during that period, necessarily, the incumbent would be entitled to die payment of the salary attached to the post if the incumbent is performed the duties in the post." 5. In Selve Raj vs. Governor of Island, Port Blair & others reported in AIR 1999 SC 838 , the Apex Court pointed out that if an employee is ordered to look upon the duties of higher post, the employee's work on higher post though on temporary basis, it is entitled to salary attached to higher post and, likewise, the apex Court also considered the provisions of the Central FR which has been adopted in the State of Maharashtra in a case between Mohd Swelesh vs. Union of India & others reported in (1997) 6 SCC 200 and, apart from that, this Court in a catena of cases followed the established principles of law laid down by the Apex Court. 6. In view of the above position, the petitioner herein has the legal right to claim the equal pay and allowances attached to the post of Assistant Engineer with effect from the date on which he was allowed to hold the said post on officiating basis. 6. In view of the above position, the petitioner herein has the legal right to claim the equal pay and allowances attached to the post of Assistant Engineer with effect from the date on which he was allowed to hold the said post on officiating basis. Accordingly, I direct the respondents/authority concerned to afford equal pay and allowances attached to the post of Assistant Engineer to the writ petitioner with effect from May, 1999 till 11.3.2001 by issuing necessary order in the matter within a period of 2 (two) months from the date of receipt of this order. 7. The petitioner may obtain a certified copy of this order and submit the same to the appropriate authority for doing the needful in the matter as per order of this Court. 8. For the reasons, observations and direction made above, this writ petition is disposed of but, no order as costs.