Prabhat Dutta S/o. Lt. Konlora Dutta v. State of Assam, Rep. by The Principle Secretary, Deptt. of Power (Electricity)
2020-10-20
ACHINTYA MALLA BUJOR BARUA
body2020
DigiLaw.ai
JUDGMENT : Heard Mr. B.P. Borah, learned counsel for the petitioners. Also heard Ms. R. Deka, learned counsel for the respondents APDCL and Mr. P. Nayak, learned counsel for the Finance Department. 2. The petitioners are all employees of the respondent APDCL. Prior to the creation of the APDCL, the petitioners were employees of the Assam State Electricity Board and during their service tenure as employees of the ASEB their service conditions were same as that of the Government of Assam in the similar rank and position. After the creation of the APDCL, their service conditions remained the same with that of the employees of the Government of Assam. By the notification dated 29.09.2018 of the Government of Assam in the Finance (Pay Research Arch Unit) Department, it was provided that the Government of Assam was pleased to allow the benefit of pay band and grade to the ministerial staff (Grade – III) employees of the district establishment. Being aggrieved, the petitioners raise a grievance that the benefit of pay in the pay band and grade pay as allowed to the ministerial staff of district establishment, has not been extended to the employees of the APDCL like that of the petitioners. Consequent thereof, the service conditions of the petitioners had been adversely affected. 3. On the grievance being raised, the Chairman of the APDCL/AEGCL/APGCL by the office order bearing no. APDCL/OSD/MISC//2018-19/18 dated 05.01.2019 had constituted a committee to suggest the rationalization of the service conditions and service rules of all the cadres under the APDCL/APGCL/AEGCL. 4. The composition of the committee had also been provided in the said office order of 05.01.2019. The office order of 05.01.2019 specifically provided that the committee would submit its report by 08.02.2019. The petitioners enclose the minutes of the meeting of the said committee held on 09.06.2020 and a reading of the minutes shows that the committee had not arrived at any decision as regards the purpose for which it was constituted, meaning thereby to suggest rationalization of the service conditions and service rules of all the cadres under APDCL/APGCL/AEGCL. Being aggrieved, the present writ petition is instituted. 5.
Being aggrieved, the present writ petition is instituted. 5. We have taken note of that the committee was constituted by the office order of 05.01.2019 to suggest the rationalization of the service conditions and service rules of all the cadres under APDCL/APGCL/AEGCL and the mandate was that the committee would submit a report by 08.02.2019. As it is discernable from the minutes of the meeting of the committee held on 09.06.2020, the committee is yet to reach the stage of submitting the report as required by the order dated 05.01.2019. 6. In view of the mandate that the committee is required to submit the report by 08.02.2019, we are of the view that more than enough delay had already been caused and no reason for such delay is discernable in the minutes of the meeting of the committee held on 09.06.2020. 7. In view of the above, this writ petition stands disposed of by directing the committee constituted by the office order dated 05.01.2019 to conclude the proceedings and submit the report as required within the period of 3 (three) months from the date of receipt of the certified copy of the order. Writ petition stands disposed of in the above terms.