NARAYAN KHATANIAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. TJ Mahanta, learned counsel for the petitioner, and Mr. H. Rahman, learned Addl. Senior Government Advocate, Assam.

(2.) Pursuant to orders passed by this court on 21.5.2001, the Deputy Secretary to the Government of Assam, GAD(B), has personally appeared before this court to explain the anomaly regarding the fixation of rent for Secretariat employees.

(3.) The grievance of the petitioner in this writ petition is that by Office Memorandum dated 17.1.2000 of the Govt. of Assam, Finance (Audit and Fund) Department, rent is being collected from the Secretariat employees residing at Natboma @ 10% of the basic pay or @ Rs. 700/- p.m. whichever is less. As a result, some of the employees are paying @ 10% of the basic pay and some of the employees @ Rs. 700/- p.m. Such payment of rent by Secretariat employees residing at Natboma is discriminatory and violative of the right of the employees under Article 14 of the Constitution because Secretariat employees residing in Hudco complex at Survey Dispur are paying rent @ Rs. 105/- p.m. and Rs. 150/- p.m. and the Secretariat employees residing in Dispur Capital Complex are paying rent @ Rs. 92/- p.m. only.