JIBESWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr B.K. Sharma, learned sr. counsel assisted by Mrs. R. Bora, learned counsel for the petitioners and also heard Mr A. Thakur, learned Govt. counsel appearing on behalf of State respondents.

(2.) The only grievance of the petitioners in this writ petition is that they have been deprived of their correct revised scale of pay on refixation as given with effect from 9.3.90. The petitioners were appointed as Sericulture Demonstrators in the month of March, 1990 under the respondent No. 3, the Director of Sericulture, Assam Guwahati-22. The initial pay of the petitioners have been refixed with effect from 9.3.90 in the scale of pay as Rs. 1205/ p.m. from Rs. 1188/- p.m. vide order dated 23.4.98. A specimen copy of the order dated 23.4.98 has been annexed as Annexure-1 to this writ petition which reads as follows: <FRM>JUDGEMENT_83_GAULT2_2003Html1.htm</FRM>

(3.) It clearly appears from the above order that the total emoluments as on 9.3.90 i.e., the date of initial joining of the petitioners was at Rs. 1188/~ per month. Be it mentioned herein that prior to revision of pay scale, the petitioners' total emolument was at Rs.1188/- per month with the break up:- (1) Basic-Rs.490/-, (2) D.A. Rs.597/- @121.8 as per Annexure- A to the affidavit-in-reply filed by the petitioner (3) Special Relief Rs.21/- and (4) Interim Relief Rs.80/- total being Rs.1188/- as reflected in paragraph 5 of the writ petition. As per Rule 11(2) of the revision of pay scales, 1990, the initial pay cannot be less than the total emoluments. It is contended by Mr. Sharma, learned sr. advocate for the petitioners that the petitioners' entitlement for the re-fixation of the revised pay is Rs.1188/- per month as total emolument in the existing scale as on 9.3.90 and the same has been protected vide order dated 23.4.98. But suddenly without giving any opportunity and/or assigning any reason whatsoever to the petitioners, the respondent vide order dated 16th September, 1998 cancelled the earlier refixation of pay so made vide order dated 23.4.98 and altered the initial pay of the petitioners from an amount of Rs.1205/- to Rs.1125/- which is lesser than the total emoluments of Rs.1188/- existing as on 9.3.90. The impugned order dated 16th September, 1998 is reproduced hereunder. <FRM>JUDGEMENT_83_GAULT2_2003Html2.htm</FRM>