LAWS(GAU)-2022-5-103

JITEN KR. DAS Vs. STATE OF ASSAM

Decided On May 23, 2022
Jiten Kr. Das Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Dr. R. Sarma, learned counsel for the petitioners. Also heard Mr. D. Bora, learned Govt. Advocate appearing for respondent nos. 1 and 3 and Mr. A. Chaliha, learned standing counsel for the respondent no.2.

(2.) The case of the petitioners is that they were appointed in the establishment of the Directorate of Cultural Affairs through a selection process initiated by the Assam Public Service Commission (APSC). At present, the petitioners are holding the post of Cultural Development Officers (earlier designated as "Officer-in-charge"), under the Cultural Affairs Department, Govt. of Assam. By referring to the Revision of Pay Rules (RoP for short), 1998, it is projected that the Officer-in-charge of various cultural centres were earlier drawing pay-scale of Rs.620.0025-745-EB-30-895-EB-35-1315, which was revised to pay-scale starting from Rs.1375.00. The same pay scale was payable to Officer-incharge, District Museum under the Directorate of Museum, Assam as per RoP, 1990. However, as per the RoP, 1998, the Officer-in-charge of different cultural centres under the Directorate of Cultural Affairs, Assam were entitled to payscale commencing from Rs.3580.00, which is same that was being paid to the Officer-in-charge, District Museum under the Directorate of Museum, Assam. However, by a notification dtd. 19/3/2002, the Govt. of Assam had given payscale starting from Rs.4390.00 to the post of Officer-in-charge, District Museum.

(3.) The grievance of the petitioners is that similar pay enhancement/ refixation were not done for the post of Officer-in-charge of different cultural centres. Accordingly, it is submitted by the learned counsel for the petitioners that there has been a discrimination against the petitioners by denial of pay parity. Referring to the RoP, 2010, it has been submitted that while the officer-in-charge of different Cultural Centres under the Directorate of Cultural Affairs, Assam have been given revised pay structure of Pay Band-2, of Rs.5200.0020200 with Grade Pay of Rs.2800.00, the Officer-in-charge, District Museum under the Directorate of Museum, Assam have been given revised pay structure of Pay Band-4, Rs.12000.00 40000 with Grade-Pay of Rs.5400.00. Accordingly, the learned counsel for the petitioners has submitted that pay disparity was created for the first time after the RoP, 2010 was given effect to.