GOLAP CHANDRA CHETIA Vs. ASSAM ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The appellant-petitioner was allowed to hold full charge of the post of Financial Adviser in the Health & Family Welfare Department in addition of his own duty of the Finance and Accounts Officer in the Directorate of Geology and Mining, Govt of Assam. The appellant-petitioner held the additional charge from 23.4.83 to 11.4.86. Thereafter the petitioner was again directed to hold the additional charge as Financial Adviser in the Flood Control Department with effect from 17.5.86 to 30.5.88. On 7.12.88 the Accountant General, Assam issued pay slip of the petitioner fixing his pay as Officiating Financial Adviser at Rs. 1,860/- PM from 17.5.86. According to the petitioner it should have been fixed at Rs. 1,980/-. The appellant-petitioner has further made claim for fixation of pay in accordance with the provisions of fixation of salary as he was holding the post of Financial Adviser in the Health & Family Welfare Department till he has been regularly promoted to the post of Financial Adviser.

(2.) The petitioner being aggrieved by the non-fixation of his salary, filed petition before the Assam Administrative Tribunal, the Tribunal has rejected the claim made by the appellant-petitioner. Against the order dated 29.8.90 of the Tribunal, the petitioner filed a writ petition (Civil Rule No. 1746 of 1991), the learned Single Judge by judgment and order dated 22.4.96 has upheld the view taken by the Tribunal and that has made the appellant-petitioner to approach this Court by filing the present appeal.

(3.) It is contended by the counsel for the appellant, before us, that by virtue of FR 49 he having worked on the post of Financial Adviser for more than 39 days he is entitled for fixation of the salary on the basis of FR 49. The relevant portion of FR 49 reads as under: