JUDGMENT H. Baruah, J. 1. Heard Mr. Vanlalenmawia, learned Counsel for the Petitioner as well as Mr. Aldrin Lallawmzuala, learned Addl. A.G., Mizoram for the State Respondent Nos. 1 to 9. 2. In this writ petition, the letter dated 4.5.2010 of the Under Secretary to the Govt. of Mizoram, Minor Irrigation Department is under challenged whereby the Petitioner was refused the arrear pay and allowances to which he was entitled to. 3. The Petitioner was initially appointed as Work-Charged Section Assistant in the scale of pay of Rs. 110-165/-per month and posted at Kolasib Division. The Petitioner underwent training of Section Assistant during the year 1978-79 and came out successfully. His service was regularized with effect from the date of joining by the order dated 16.4.1982 and joined his duty as regular Section Assistant on 10.5.82. Petitioner was permanently absorbed in the Agricultural Department as Section Assistant w.e.f. 14.8.84. Thereafter, the inter-se-seniority of Section Assistant under Agriculture Department was provisionally fixed vide notification dated 19.9.1986 in which the Petitioner was placed at Sl. No. 1. In the year 1997 the Government of Mizoram vide notification dated 15.9.97 created 4 (four) number of posts of Junior Engineer with pay scale of Rs. 1400-2600/-p.m. Writ Petitioner was promoted to the post of Junior Engineer Grade-II in the scale as indicated above against one of the posts created vide notification dated 15.9.1997 vide order dated 22.9.1997. Agriculture Department never created post of Overseer-II (subsequently re-designated as Junior Engineer-II) vide notification dated 18.7.2007 and as such, the promotion of the writ Petitioner to the post of Overseer-II/Junior Engineer-II is outside the service rules. The pay scale of Rs. 1400-2600/-being contrary to the pay scale awarded vide notification dated 19.1.1989 as well as Central Civil Service (Revised Pay) (Extension to State Government Employees of Mizoram) Rules, 1999. The Government of Mizoram issued a corrigendum dated 4.10.99 in respect of the pay scale of the Junior Engineer modifying the pay scale of the Junior Engineer from Rs. 1400-2600/-to Rs. 1640-2900/-and on the basis of such corrigendum scale of the Petitioner was fixed at Rs. 1640/-per month giving notional increment of Rs. 30 corresponding to the Revised scale of Rs. 5500/-vide Annexure A-12. In view of re-fixation of the pay scale at Rs. 1400-2600/-to Rs. 1640-2900/-and on the basis of such corrigendum scale of the Petitioner was fixed at Rs. 1640/-per month giving notional increment of Rs. 30 corresponding to the Revised scale of Rs. 5500/-vide Annexure A-12. In view of re-fixation of the pay scale at Rs. 1640/-the Petitioner submitted representation to the Additional Chief Engineer, Minor Irrigation Department for payment of arrear on 20th August, 2009 which remained, however, unattended to. The Petitioner, therefore, being aggrieved approached this Court by filing W.P.(C) No. 107 of 2009 which came to be disposed of on 9.11.2009 with a direction to the Principal Secretary to the Govt. of Mizoram, Minor Irrigation Department, Aizawl to dispose of the representation dated 20.8.2009. Pursuant to the direction of this Court as indicated above, the representation of the writ Petitioner dated 20th August, 2009, was disposed of by the Minor Irrigation Department, Government of Mizoram and the result thereof has been intimated to the Additional Chief Engineer, Minor Irrigation Department by the Under Secretary to the Government of Mizoram wherein it has been indicated that the Junior Engineers were upgraded along with the Petitioner though the claim for the arrear turned down in view of financial constraint. The representation submitted by the writ Petitioner virtually did not receive any consideration of the Respondents. It is contended in the writ petition that the writ Petitioner being allowed the scale at Rs. 1640/-per corrigendum of the scale for the Junior Engineers, the Petitioner is entitled to the arrear so accumulated on account of re-fixation of the scale at Rs. 1640/-to Rs. 2900/-. It is contended further that the Petitioner was given notional scale with increment without arrear pay and rejection thereof is unfair and unjustified. The Petitioner by the instant writ petition prays for a direction to the Respondent authority to release the arrear, the pay accrued to him on account of fixing his pay at Rs. 1640/-. 4. The writ petition is resisted by the State Respondents by filing counter-affidavit wherein it has been averred rather contended that the arrear pay on account of fixation of his pay at Rs. 1640/-could not be provided to him in view of the undertaking given by the Junior Engineers of the Petitioners Grade and also to maintain parity in the scale. It is submitted by Mr. 1640/-could not be provided to him in view of the undertaking given by the Junior Engineers of the Petitioners Grade and also to maintain parity in the scale. It is submitted by Mr. Aldrin Lallawmzuala that 3 (three) of the Petitioner's colleague had given undertaking to the appropriate authority not to demand/ask for the arrear pay on account of re-fixation of salary from Rs. 1400-2600/ to Rs. 1640-2900/-. Mr. Vanlalenmawia, the learned Counsel for the Petitioner during the course of his argument submits that at no point of time this writ Petitioner submitted undertaking to the appropriate authority not to demand/ask for arrears on account of re-fixation of his pay at Rs. 1640/-. The counter-affidavit also speaks for that the writ Petitioner had not submitted any undertaking in regard to relinquishment of his arrear pay on account of re-fixation of his pay to any authority whosoever. From the facts it appears that the Petitioner scale was increased from Rs. 1400/-to Rs. 1640/-after the corrigendum made by the Government in the scale of the Junior Engineers. It also appears that unlike the other 3 (three) colleagues of the Petitioners, the Petitioner did not submit any undertaking to the Respondent authority(s) in respect of relinquishment of his claim in respect of his arrear pay. When the pay of an employee of a particular department is raised/enhanced to a higher scale, the employee would be entitled to get the arrear so accrued but here in this case the Petitioner's pay though had been increased from Rs. 1400/-to Rs. 1640/-, the arrears so accrued had not been released in his favour by the appropriate authority(s) for which he had to submit representation to the authority(s) which, however, did not receive any consideration on account of maintenance of the parity of pay in between employees of the Petitioner's grade. The view taken by the State Government for not releasing the arrear pay is not sustainable in view of non-relinquishment of claim of arrear by the Petitioner. 5. Mr. Aldrin Lallawmzuala, the Addl. A.G., Mizoram in view of the facts contained in this writ petition and the documents annexed thereto in his usual fairness also admits that since the Petitioner did not submit/give any undertaking relinquishing his claim of arrear pay on account of increase in his pay, the Petitioner is entitled to the arrear pay. I appreciate his approach. 6. A.G., Mizoram in view of the facts contained in this writ petition and the documents annexed thereto in his usual fairness also admits that since the Petitioner did not submit/give any undertaking relinquishing his claim of arrear pay on account of increase in his pay, the Petitioner is entitled to the arrear pay. I appreciate his approach. 6. Summing up this writ petition, this Court directs the Respondent authority(s) to release the arrear pay in favour of the writ Petitioner within a period of 3 (three) months after the receipt of the copy of the judgment and Order. Writ petition stands allowed. No cost. Petition allowed