RAM SANKAR BHATTACHARJEE Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned Counsel appearing for the Petitioner. Also heard Mr. A. Lodh, learned Addl. S. G. appearing for the Respondent-5, Mr. S. M. Chakraborty, learned senior counsel appearing for the Respondents-1 and 2 and Mr. S. Chakraborty, learned Addl. G. A. for the Respondent No. 3.

(2.) Sans unnecessary details, concise facts leading to the filing of the present writ petition is recapitulated; the Petitioner is now working as Assistant Registrar in the Gauhati High Court, Agartala Bench. The Petitioner initially joined Government service under the Department of P & T, North East Circle, Shillong as Stenographer Grade II in the pay scale of Rs. 1400-2300 pm; while working in the above pay scale, Petitioner proceeded on deputation on 3.2.86 as Stenographer Grade-C in the office of the Central Administrative Tribunal (for short CAT) with deputation allowance @ 20%. While rendering his service as Stenographer Grade-C in the CAT, he was promoted as Stenographer Grade-B, which is a gazetted post, with effect from 04.11.1986.

(3.) While serving as Stenographer Grade-B (Gazetted Post) having the pay scale of Rs. 2000-3200/- pm; even though the Petitioner was otherwise entitled to the said pay scale, his pay was fixed at Rs. 1700/- p.m. on the premise that he was on Foreign Service. While working in the CAT as Gazetted Officer holding a lien to his substantive post in the P& T department, North East Circle, Shillong, Petitioner applied for the post of Stenographer Grade-I under the Gauhati High Court [High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh (for short High Court)]. Petitioner and others faced the recruitment test for the said post of Stenographer Grade-I under the Gauhati High Court and he was selected for the post of Stenographer Grade-I in the pay scale of Rs. 1125-1775/- p.m. By notification dated 12.6.87 issued by the Registrar (Judicial) of the Gauhati High Court, Petitioner was appointed to the said post of Stenographer Grade-I and thereon a request was made by the High Court to his parent department, i.e. P&T North East Circle, Shillong to release the Petitioner so as to enable him to join as Stenographer Grade-I in the Gauhati High Court.