CHANDANA SINHA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Das, learned senior counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the respondents No. 1, 2 and 3 being the authorities under the Higher Education Department of the Govt. of Assam and Mr. R. Borpujari, learned counsel for the respondent No. 4 being the authorities under the Finance Department.

(2.) The petitioner who was appointed as a Lecturer in the Department of Education in Pandu College, Guwahati on 2/3/1993 was subsequently promoted as an Associate Professor on 4/3/2007. While the petitioner was serving as an Associate Professor, a discrepancy was noticed that she was drawing a lesser amount of salary in comparison with her similarly placed junior colleagues. In the circumstance, the petitioner submitted a representation that her salary should be given the protection to ensure that it is not less than what her junior colleagues are receiving.

(3.) The said representation ultimately culminated in the order dtd. 7/9/2017 of the Director of the Higher Education, Assam, wherein, it is provided that pursuant to the Government letter No. 674/2016/59 dtd. 1/8/2017, there is a stepped up of the salary of the petitioner at the stage of Rs.52,110.00 as on 1/7/2009 with DNI on 1/7/2010 so as to equalise the pay the petitioner is being paid with that of her junior colleague Dr. Mrs. Asha Sarma who is also an Associate Professor in the Department of Political Science in the Pandu College. The order provided that the stepped up was done as per FR-27 of FR and SR by invoking FR 5(A).