ASHIT KUMAR BARUAH Vs. NORTH EASTERN HILL UNIVERSITY

JUDGEMENT

(1.) The petitioner herein is serving in the North Eastern Hill University (NEHU) in the capacity of a Technical Assistant in the Department of Basic Sciences and Social Service, School of Technology, which is a nonteaching post.

(2.) It is the case of the petitioner that he has initially joined the service on 15/12/1988 and was appointed as a Mechanic 'B' in the University Science Instrumentation Centre, NEHU on the strength of Memo No. 5381 dtd. 26/9/1988. Thereafter, he was appointed as Technician 'C' vide office order dtd. 9/1/1989, w.e.f. 15/12/1988, his scale of pay then was fixed at Rs.1320.002040/-. This was because of the fact that the post of Mechanic 'B' payscale which was fixed at Rs.1200.001800/- was merged with that of Technician 'C' whose payscale was Rs.1320.002040/-. He was therefore placed in the payscale of Rs.1320.002040/-. The corresponding payscale as per the 5th Central Pay Commission (CPC) being Rs.4000.006000/-.

(3.) It is further the case of the petitioner that as per the recommendations of the 5th CPC, the replacement payscale of the petitioner ought to have been Rs.4500.007000/- and not Rs.4000.006000/- as was fixed for his post at the relevant point of time.