A. K. PATNAIK , J.- The petitioner is the Association of Diploma Holders Junior Engineers working in Public Works Department, Irrigation, Flood Control and Public Health Engineering Departments of the Government of Assam. Due to lack of promotional opportunities, there has been stagnation in the cadre of Junior Engineers working under the Government of Assam. The Assam Pay Commissioner, 1988, took into account the aforesaid stagnation in the cadre of Junior Engineers and its report recommended for creation of senior grade in the revised pay scale of Rs. 1475/- 38257 - above the existing cadre of Junior Engineer, but stipulated that the number of posts in the aforesaid senior grade should be limited to 10% of the cadre strength of Junior Engineers and the qualifying length of service for entitlement of the scale should be 8 years. The aforesaid recommendation of the Assam Pay Commissioner, 1988 was accepted by the Government of Assam, and in the Assam Services (Revision of Pay) Rules, 1990, the following provisions were made with regard to revised scale of pay of Junior Engineers (Senior Grade ) and Junior Engineers: Name of the service or post Existing Scale Revised Scale Remarks Junior Engineer (Sr. Grade) - 1475-40-1635-50-2035-EB-60-2395-80-2875-100-3575-125-3825 The scale will be admissible to the Jr. Engr. In completion of 8 yrs. Of service and on due selection. Junior Engineer 620-25-745-eb-30-895-eb-35-1315 1375-30-1435-40-1635-50-1885-eb-50-2035-60-2395-80-2875-100-3375 In the aforesaid schedule to the Assam Services (Rervision of Pay) Rules, 1990, (for short, "the Rules, 1990"), erroneously, the stipulation that the cadre of Junior Engineer (Sr. Grade) would be limited to 10% of the cadre strength of Junior Engineers was omitted. The said omission was subsequently rectified by notification dated 20.11.1993. Several members of the petitioner Association who had completed 8 years of service were appointed as Junior Engineers (Sr. Grade) after selection. After such appointment, they were entitled to the revised pay scale of Junior Engineer (Senior Grade ) as fixed in the Schedule to the Rules, 1990, extracted above. By a notification dated 8.9.1997 of the Government of Assam, Flood Control Department, the pay of 255 Junior Engineers who were appointed as Senior Grade was to be fixed in accordance with the provisions of FR-22 (I) (a) (1). In accordance with the said notification, the initial pay of such Junior Engineers appointed to Senior Grade was fixed in accordance with the provisions of FR-22 (I) (a) (1). In accordance with the said notification, the initial pay of such Junior Engineers appointed to Senior Grade was fixed in accordance with the provisions of FR-22 (I) (a) (1). But thereafter, by a letter dated 28.4.1998 of the Government of Assam, Finance (Estt-A) Department to the Accountant General ( A & E) , Assam , the Finance Department informed him that appointment to Senior Grade Junior Engineer post does not confer any higher responsibility as they continue to perform same work as before and, therefore, it has been decided under such circumstances that provisions of FR-22(I) (a) (1) cannot be applied and that the pay of such Senior Grade Junior Engineers has to be regulated ' under FR-22 (I) (a) (2). In the said letter dated 28.4.1998, the Deputy Secretary to the Government of Assam, Finance (Estt-A) Department referred to office Memo, dated 25.9.1995 of the Government of Assam, Finance (Esst-A) Department. In the said office Memo, dated 25.9.1995 of the Government of Assam, Finance (Esst-A) Department, the Government of Assam in the Finance Department had taken a view that on appointment to Selection Grade post on 1.1.1989 or thereafter, the pay would be regulated under the provisions of FR-22 (I) (a) (2) and not under any other provision. By the said office Memo, the Administrative Departments were asked to review fixation of pay scale of different Goverment employees t)n appointment to Selection Grade posts on 1.1.1989 and thereafter to fix the pay as per the provisions of FR-22 (I) (a) (2) in all such cases with effect from the respective dates of joining. By the said office Memo, however, the Departments were informed that in order to avoid undue hardship to government servants who were enjoying financial benefits due to fixation of pay under the provisions other than FR-22(1) (a) (2) the Government had decided to waive the excess emoluments drawn upto 7th August, 1992, i.e.the date prior to amendment of FR-22. In office Memo.dated 2.4.1998, again the Government in the Finance Department decided that after refixation of pay of persons appointed to Selection or Senior Grade under FR-22 (I) (a) (2) with effect from 1.1.1989, the excess drawal for the period from 1.1.1989 to 24.9.1995 would not be recovered. In office Memo.dated 2.4.1998, again the Government in the Finance Department decided that after refixation of pay of persons appointed to Selection or Senior Grade under FR-22 (I) (a) (2) with effect from 1.1.1989, the excess drawal for the period from 1.1.1989 to 24.9.1995 would not be recovered. Aggrieved, the petitioner has filed this writ petition for quashing the office Memoranda dated 25.9.1995 of the Govt of Assam, Finance (Estt-A) Department (Annexure-D) ,dated 2.4.1998 of the Government of Assam, Finance (Estt-A) Department ( Annexure- C), letter dated 28.4.1998 of the Deputy Secretary to the Government of Assam, Finance (Estt-A) Department ( Annexure-E), and the letter dated 8.6.1998 of the Deputy Secretary to the Government of Assam, Finance (Estt-A) Department (Annexure-F) to the Chief Engineer, Irrigation Department. By the aforesaid impugned office Memoranda and the letters in Annexures-C, D, E and F, the initial pay of a Junior Engineer appointed to Senior Grade is to be fixed under FR-22 (I) (a) (2) and not under FR-22 (I) (a) (1). 2. Mr.BK Das, learned senior counsel appearing for the petitioner, submitted that the reason given for fixing the pay of Junior Engineers appointed to Senior Grade under FR-22 (I) (a) (2) and not under FR-22 (I) (a) (1) as indicated in the office Memorandam dated 25.9.1995 (Annexure-D) is that appointment to senior grade post does not imply promotion. This reason, according to Mr. Das, is not at all correct. He cited the decision of the Supreme Court in Union of India vs. S.S. Ranade, (1995) 4 SCC 462 , in support of his aforesaid contention. He further argued that it would be clear from the recommendations of the Assam Pay Commission, 1988, that to relieve congestion in the cadre of Junior Engineer, a senior cadre in the revised scale of Rs: 1475/- -38257-was recommended. He pointed out that in the recommendation, the Pay Commission clearly mentioned that such senior cadre of Junior Engineers is in Keeping with the work load and responsibility of the similar posts in other departments and will offer reasonable prospect to the Junior Engineer at least for promotion in pay scale. 3. Mr. He pointed out that in the recommendation, the Pay Commission clearly mentioned that such senior cadre of Junior Engineers is in Keeping with the work load and responsibility of the similar posts in other departments and will offer reasonable prospect to the Junior Engineer at least for promotion in pay scale. 3. Mr. AK Phukan, learned Advocate General, Assam, on the other hand , submitted that Junior Engineers who have been appointed to Senior Grade within the limit of 10% of the cadre of Junior Engineer are not being denied revised scale of pay of Junior Engineer (Senior Grade) as fixed in the schedule to the Rules, 1990, by the impugned office Memoranda and letters. All that is sought to be done by the impugned office Memoranda and the letters is to fix their initial pay in the revised scale of Junior Engineer (Senior Grade) in accordance with FR 22 (I) (a) (2) and not in accordance with FR-22 (I) _ (a) (1) for the reason that appointment to senior grade does not involve assumption of duties and responsibility of greater importance than those of the post of Junior Engineer. 4. FR-22(I) (a) (1) and FR-22 (I) (a) (2) are quoted hereinbelow : FR-22 (I) : The initial pay of a Government servant who is appointed to a post on a time scale of pay is regulated as follows: (a) (1) Where a Government servant holding a post, other than a tenare post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive, temporary or officiating capacity, as the case may be, subject to the fulfilment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the^po/st held by him, his initial pay in the tHne"scale of the higher post shall be fixed at the stage next above the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increrrient at the stage at which such pay has accrued or rupees twenty-five only, whichever is more. Save in cases of appointment on deputation to an ex cadre post, or to a post on ad hocbasis, the Government servant shall have the option, to be exercised within one month .from the date of promotion or appointment, as the case may be, to have the pay fixed under this rule from the date^of such promotion or appointment or to have the pay fixed initially at the stage of the time-scale of the new post above the pay in the lower grade or post from which he is promoted on regular basis, which may be refixed in accordance with this rule on the date of accrual of next increment in the scaie^of the pay of the lower grade or post. In cases where an ad hoc promotion is followed by regular appointment without break, the option is admissible as from the date of initial appointment/promotion, to be exercised within one month from the date of such regular appointment: Provided that where a Government servant is, immediately before his promotion or appointment on regular basis to a higher post, drawing pay at the maximum of the time-scale of the lower post, his initial pay in the time -scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post held by him on regular basis by an amount equal to the last increment in the time -scale of the lower post or rupees twenty-five, whichever is more. (2) When the appointment to the next post does not involve such assumption of duties and responsibilities of greater importance, he shall draw as initial pay, the stage of the time-scale which is equal to his pay in respect of the old post held by him on regular basis, or if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis, Provided that where the minimum pay of the time-scale of the next post is higher than his pay in respect of the post held by him regularly, he shall draw the minimum as the initial pay: Provided further that in a case where pay is fixed at the same stage, he shall continue to draw that pay until such time as he would have received an increment in the time-scale of the old post, in cases where pay is fixed at the higher stage, he shall get his next increment on completion of the period when an increment is earned in the time-scale of the new post. On appointment on regular basis to such a new post, other than to an ex cadre post on deputation, the Government servant shall have the option, to be exercised within one month from the date of such appointment, for fixation of his pay in the new post with effect from the date of appointment to the new post or with effect from the date of increment in the old post." 5. A plain reading of FR 22 (I) (a) (1) would show that the said provision will apply to determination of the initial pay of a government servant to a post carrying duties and responsibilities of greater importance than those attaching to the post held by him. Hence , FR-22(I) (a) (1) will only apply where a person is appointed to a post carrying duties and responsibilities of greater importance than one he held prior to his appointment. Further, the language of FR-22 (I) (a) (1) would show that by the said provision, the initial pay in the time-scale of the higher post is to be fixed at the stage next above the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which such pay has accrued. On the other hand, a reading of FR-22 (I) (a) (2) would show that the said provision will apply to fixation of initial pay of a government servant when he is appointed to a new post and his appointment as such does not involve assumption of duties and responsibilities of greater importance. Thus , Mr Phukan, learned Advocate General, appears to be right that by the impugned office Memoranda and the letters, the right of Junior Engineers appointed to Senior Grade to get the revised pay scale of Junior Engineer (Senior Grade) as fixed in the schedule to the Rules, 1990, is not any way affected, but by the impugned office Memoranda and the letters, the initial pay of such Junior Engineers appointed to Senior Grade is to be determined not under FR-22 (I) (a) (1) but under FR-22 (I) (a) (2) for the reason that the appointment to the posts of Junior Engineers (Senior Grade) does not involve assumption of duties and responsibilities of greater importance than those of Junior Engineers. 6. But, it appears from the impugned office Memorandum dated 25.9.1995 that the following reasons have been given for fixing the initial pay of a person appointed to Senior Grade or Selection Grade under FR-22(I) (a) (2) instead of FR 22 (1) (a) "Of late, it has come to the notice of the Govt. that fixation benefit under FR-22(I) (a) (or under pre-amended provision of FR-22 (c), were extended wrongly by some Departments, in case of appointment to the "Selection Grade" (in cases pay commission has recommended renaming as "Senior Grade") posts, in Grade-Ill service. It is once again brought to the notice of all concerned that appointment to "Selection Grade" post does not imply promotion, because such appointment does not involve assumption of higher duties and responsibilities. So, fixation of pay in such cases cannot be regulated either under FR-22 (I)'(a) (1) or earlier provision of FR-22 (c). The undersigned is directed to say that on appointment to the selection grade post on 1.1.89 or thereafter, pay will be regulated under the provision of FR-22 (I) (a) (2) and not under any other provision." 7. The reason for fixing the initial pay of a person appointed to Senior Grade or Selection Grade is that appointment to Senior Grade or Selection Grade post does not imply promotion. Mr. The reason for fixing the initial pay of a person appointed to Senior Grade or Selection Grade is that appointment to Senior Grade or Selection Grade post does not imply promotion. Mr. Das is right in his submission that this cannot be a good reason for fixing the initial pay of a person appointed to Senior Grade or Selection Grade in accordance with FR-22 (I) (a) (2) and not under FR-22 (I) (a) (1). A plain reading of FR-22 (I) (a) (1) would show that the aforesaid provision applies not only where a Government servant is "promoted" but also where he is" appointed in a substantive, temporary or officiating capacity. Thus, the provision of FR-22 (I) (a) (1) cannot be restricted to only promotion to higher post but also appointment to post carrying the duties and responsibilities of greater importance than the post held by the Government servant prior to his appointment. In FR-22 (I) (a) (2) also it has been stated that when appointment to the new post does not involve such assumption of duties and responsibilities of greater importance, he shall draw as initial pay, the stage of the time-scale which is equal to his pay in respect of the old post held by him on regular basis, or if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis. In the said provision in FR-22 (I) (a) (2) , it has not been stated that when appointment to the new post does not involve promotion, the consequences will be such are indicated in the said provision. Thus, while promotion to a higher post will obviously attract FR-22 (I) (a) (1), appointment to a post carrying duties and responsibilities of greater importance otherwise than by way of promotion may also attract the provision of FR-22 (I) (a) (1-) if such post carries duties and responsibilities of greater importance than those attached to the post held by the Government servant prior to his appointment. 8. 8. It appears from the letter dated 11.1.1995 (Annexure-F) of the Secretary to the Government of Assam, Flood Control Department, to the Secretary to the Government of Assam, Finance Department that the Flood Control Department has taken a view that Junior Engineers , who have put in 8 years of service and above and have been appointed to Senior Grade, are performing higher duties and responsibilities assigned to them considering their experience in service. The Finance Department, on the other hand, has taken a view in the letter dated 28.4.1998 that appointment to the post of Senior Grade Junior Engineer does not involve any higher responsibility and they continue to perform the same work as before. There is thus difference of opinion between the Departments of the Government of Assam as to whether or not Junior Engineers ( Senior Grade ) are performing duties and responsibilities of greater importance than those attached to the post of Junior Engineers. This is a factual dispute which can only be decided by an appropriate High Level Committee. In my considered opinion, this difference of opinion ought to be sorted out by a High Level Committee comprising of the Chief Secretary, Government of Assam, the Commissioner and Secretary, Finance Department, the Commissioner and Secretary, Irrigation Department, the Commissioner and Secretary, Public Works Department, and the Commissioner and Secretary, Public Health Engineering Department. Obviously , the Chief Secretary, Government of Assam, will be the Chairman of the said Committee and it will be open to the Chief Secretary to co-opt such members in the said Committee as he think it and proper. The Committee will decide the dispute within a period of three (3) months from the date of receipt of certified copy of this judgment from the petitioner keeping in mind the observations made in this judgment and without being influenced by the views of the finance Department in the impugned office Memoranda and the impugned letters, and will communicate its decision supported by reasons to the petitioner. 9. With the aforesaid observations and directions, the writ petition stands disposed of. Considering however the entire facts and circumstances of the case, I make no order as to costs.