KSANKUPAR TYNSONG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This writ petition has been filed by five petitioners, who are holding the post of Enforcement Inspectors in the Transport Department, Government of Meghalaya. Petitioners have in the present writ petition prayed for issuance of writ of mandamus declaring Rule 4 of the Meghalaya Service (Revision of Pay) Rules, 2018 (for short the "Rule of 2018 ") ultra vires the Articles 14 and 16 of the Constitution of India to the extent the same provides for two different pay scale; one for Enforcement Inspector (Transport) (hereinafter referred to as the Subject Post) held by the petitioners and; another for Inspector of other Departments, namely, Taxation, Housing, Supply, Revenue and Excise (hereinafter referred to as the Reference Post) of the respondent-Government.

(2.) The case set up by the petitioners in the memorandum of writ petition is that the First Meghalaya Pay Commission prescribed different pay structure and scale for the Subject Post and the Reference Posts. Reference is made to the recommendation of 3rd Meghalaya Pay Commission to contend that pay scale of Rs.5300-140-5940-EB-150-8740/- was recommended for Reference Posts but pay scale of Rs.4500-120-5220- EB-130-6260-140-7660/- was recommended for the Subject Post. The 4th Meghalaya Pay Commission, however, recommended the pay scale of Rs.14100-410-16560-EB-440-20080-500-25080/- for the Reference Posts and that of Rs.12000-340-14040-EB-370-17000-420-21200/- for the Subject Post. Rule 4 of the Rules of 2018 provides that pay scale of post shall be determined in accordance with various level assigned to the corresponding existing scale(s) of pay as specified in the pay matrix in the First Schedule.

(3.) Mr. HL Shangreiso, learned counsel for the petitioners submitted that for the Reference Posts the pay scale of Rs.14100-410-16560-EB-440- 20080-500-25080/-, corresponding pay scale on the basis of pay matrix in the First Schedule is worked out to be Rs.37,788/-, whereas, for the Subject Posts [Enforcement Inspector (Transport)], the corresponding pay scale would be Rs.32,160/-. It is contended that the petitioners submitted a memorandum dated 15.02.2008 to the Chairman of 4th Meghalaya Pay Commission demanding that they be given the same higher scale as was granted to the Inspector of other departments. After the recommendation made by 4th Meghalaya Pay Commission, the Government in Finance (Pay Revision) Department realizing that there were anomalies in prescribing different pay structure for the Subject Post and the Reference Posts, vide order dated 21.10.2009, constituted an Anomaly Committee to examine the proposals or representation from departments/service association and individual Government employee seeking modification of the departmental recommendation as accepted by the Government. It is submitted that the petitioners submitted their detailed representation dated 10.11.2009 before the Anomaly Committee citing reasons for granting them higher pay scale as was given to the Reference Posts of other departments.