MOHESH DEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Ashish Dasgupta learned senior counsel assisted by Ms. S. Das, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC appearing for all the respondents.

(2.) This is the second time the petitioner is before this Court. The earlier writ petition being WP(C) 1394/2006 was disposed of vide order dated 04.06.2010, with a direction to the respondents to consider the grievance of the petitioner filed by him in the form of an appeal before the Management Council of the North East Regional Institute of Water and Land Management (NERIWALM).

(3.) Projected grievances of the petitioner is that he entered service as Library Assistant in the year 1992 under NERIWALM and in terms of the Assured Career Progression Scheme (ACPS) notified vide Office Memorandum dated 09.08.1999 (Annexure-A), he is entitled to pay up-gradation upon completion of 12 years of service in the pay scale of Rs. 5500-9000/- per month. Further, he is entitled to second pay up-gradation upon completion of 24 years of service. The petitioner was given the first financial up-gradation vide Office Order dated 31.03.2005 with his pay fixed at Rs. 4500-125-7000 per month w.e.f 01.03.2004. According to the petitioner, he is entitled to the pay of Rs. 55000-9000/- per month in terms of the 5th Central Pay Commission Report. It is the case of the petitioner that in respect of other posts under NERIWALM, the recommendation of the 5th Central Pay Commission Report was accepted and therefore, the same should be implemented in respect of the post of the Assistant Librarian which he was holding and that the financial up- gradation given to him was not in the correct pay scale. Accordingly, he submitted his representation before the respondent authority concerned. However, as the same was not considered, he approached this Court through WP(C) No. 1394/2006.