Paramandnda Thakuria S/O Late Panchanan Thakuria v. State of Assam Represented by the Secretary To the Govt. of Assam, Home Department Dispur, Assam
2017-09-12
NELSON SAILO
body2017
DigiLaw.ai
JUDGMENT AND ORDER : Heard Mr. F Khan, the learned counsel for the petitioners as well as Mr. MR Adhikari, the learned Government Advocate for all the respondents except respondent No.2. The Respondent No. 2 i.e. Finance Department is represented by Mr. B Gogoi, the learned counsel. 2. This is a second round writ petition filed by the petitioner. The earlier writ petition being WP (C) No.4435 of 2000 was disposed of vide order dated 5.9.2002 (Annexure-11) whereby the grievance of the petitioners was directed to be examined by the respondent authorities asking them to take a decision and convey the same to the petitioners. Despite the direction, grievance of the petitioners have not been mitigated, the petitioners are again before this Court through the instant writ proceeding. 3. The brief facts for disposal of the present writ petition may be narrated. 4. The petitioners were appointed as Agricultural Demonstrators in the year 1990 in the pay scale of Rs.490-840/-. It may be noted that the petitioners have the qualification of HSSLC as well as Diploma in Agricultural Engineering. The Revision of Pay Rules, 1990 which was issued on 6.12.1990 revised the pay scale to Rs.1125-2215. However, despite the revision, since the counterparts of the petitioners having Diploma in the Agricultural Engineering in the Department of Agriculture were getting pre-revised pay scale of Rs.620/- -1315/- which was revised to Rs. 1375-3375/-, the petitioners by submitting a representation on 17.6.1991 to the respondent authorities sought appropriate revision of pay similar to their counterparts. But the Pay revision was not accorded to the petitioners and soon after the pay revision of 1998 were enforced, the petitioners again prayed for corresponding revision of their pay Scale from 620-1315/- to Rs.3580-8750/-. The demand of the petitioners for pay revision was ultimately considered by the Assam Pay Commission of 2008 whereby the case of the petitioners were examined individually and consequently recommended to be placed in the pay Band-2 with Grade Pay of Rs.2800/-. It was also indicated that the same may be treated as terminal pay and as and when the post fall vacant in future, the same may be filled up from Agriculture Department.
It was also indicated that the same may be treated as terminal pay and as and when the post fall vacant in future, the same may be filled up from Agriculture Department. It may also be noted herein that the revision of pay in respect of the petitioners were made personally in view of the fact that they were holder of Diploma in Engineering for which other Departments were getting higher Pay scale than what was actually given to the petitioners while working under the establishment of Inspector General of Prisons of the Home Department as the Administrative Department. Non-implementation of the said recommendation and appropriate conversion of the same as per the 7th Pay Commission has led the petitioner to approach this Court again through the instant writ petition. 5. The writ petitioners in their additional affidavit filed on 8.4.2016 have annexed a communication made to the Deputy Secretary to the Government of Assam, Home Department (B) by the Inspector General of Prisons vide Memo No. PRI-102/96/32 dated 24.9.2010 wherein the recommendation of the Assam Pay Commission, 2008 in respect of the Agriculture Demonstrators with the petitioners as incumbents amongst others have been duly examined and thereafter found to be justified and recommended. 6. Mr. F Khan appearing for the petitioners submits that since the Home Department is the Administrative Department at the Government level, it is for the Home Department to act upon the recommendation submitted by the Inspector General of Prisons and admittedly such exercise has not been carried out by the Home Department till date. 7. Mr. MR Adhikari by referring to the affidavit-in-opposition filed by the respondent No.1 submits that the recommendation of the Pay Commission becomes binding and final in the matters of pay and allowance etc. if the same is accepted by the State Government in the Finance Department and the petitioners are also eligible to get their pay and allowances as per the recommendation of 7th Pay Commission is accepted by the State Government in the Finance Department. 8. Appearing for the Finance Department, Mr. B Gogoi submits that so far as the instructions are concerned, the Finance Department has not received any proposal in respect of the petitioners from the Home Department to examine the recommendation of the Assam Pay Commission, 2008.
8. Appearing for the Finance Department, Mr. B Gogoi submits that so far as the instructions are concerned, the Finance Department has not received any proposal in respect of the petitioners from the Home Department to examine the recommendation of the Assam Pay Commission, 2008. He therefore submits that if such proposal is sent by the Home Department, Finance Department would definitely examine the matter. 9. I have considered the submission advanced by the rival parties and I have perused the materials available on record. The Assam Pay Commission, 2008 has indeed considered the revision of pay in respect of the writ petitioners and in consequence thereof, the Inspector General of Prisons undertook a detailed examination of the said recommendation in respect of the claim of the petitioners amongst others and on 24.9.2010, a communication has been made to the Deputy Secretary to the Government of Assam, Home (B) Department. From the affidavit filed by the respondent No.1, it cannot be made out as to whether the proposal has been received by the Home Department was so that the same can be forwarded to the Finance Department for its examination. Therefore, considering the fact that the grievance of the petitioners has been adequately considered in so far as the Assam Pay Commission and the Home, Prisons Department are concerned, what remains is that the proposal has to be forwarded to the Finance Department. 10. In that view of the matter, the writ petition is disposed of with a direction to the Commissioner and Secretary to the Government of Assam, Home (B) Department (Respondent No.1) to forward the proposal of the recommendation of the Assam Pay Commission, 2008 along with the Home Department’s proposal with the communication dated 24.9.2010 made by the Inspector General of Prisons to the Secretary to the Government of Assam, Finance Department (respondent No.2) if not already done within a period of one month from the date of receipt of a certified copy of this order. Upon receipt of the communication, the Finance Department shall consider the proposal in the light of the recommendation of the Assam Pay Commission, 2008 as well as the justification and recommendation made by the Home Department and the Inspector General of Prisons and take a decision as early as possible preferably within the outer limit of 3 months from the date of receipt of the communication from the Home Department.
The communication of the Home Department to the Finance Department as well as the outcome and decision of the Finance Department shall be communicated to the petitioners. 11. It is further observed herein that if the recommendation of the Pay Commission is found to be acceptable and accorded to the petitioner, authorities concerned may consider taking care of the arrears that may be found to be entitled to the petitioners as per law. 12. No cost.