DILIP KUMAR CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner herein has sought to invoke the writ jurisdiction of this Court for parity of pay in the post of Production Assistant in the Department of Cultural Affairs, Government of Assam.

(2.) I have heard Mr. B.Banerjee, learned counsel for the petitioner and Mr. KC Mahanta, learned GA, Assam.

(3.) To comprehend the grievance of the petitioner, brief introductory facts are necessary to be stated at the outset. The petitioner who is a Graduate in Arts apart from being a performing Artist(Singer) has a rich experience in drama and other cultural activities. He had organized and participated in various programmes of the department whereby he had earned laurels for the State. He was appointed as Production Assistant (Drama and Music) in Jyoti Bharati, Tezpur, under the Directorate of Cultural Affairs, Assam, in the pay scale of Rs. 240-380/- PM (pre-revised) by order dated 14.9.1983. The requisite educational qualification for the post is matriculation with Diploma from National School of Drama, Delhi or Graduate in Arts with sufficient knowledge in drama and music. There is another post of Production Assistant in Rabindra Bhawan, Guwahati, under the Directorate. While fixing the pay scale for which the petitioner was appointed, it was so done as prescribed for an LD Assistant and was Thus lower than that fixed for the post of Production Assistant, Rabindra Bhawan, Guwahati. The petitioner being aggrieved, submitted a representation before the Directorate of Cultural Affairs, Assam, pointing out the anomaly. However, his grievance was not looked into. In the meantime, after joining the post, the petitioner was entrusted with the works attached there to and was sent on various important assignments outside the State, which he successfully completed to the satisfaction of all concerned. The petitioner has cited some instances in the writ petition about the same. According to him, he kept on making representations before the concerned authorities ventilating his grievances with regard to anomaly of the pay scale contending that the duties and responsibilities attached to the post of Production Assistant (Drama and Music), Jyoti Bharati, Tezpur and those relatable to the Production Assistant, Rabindra Bhawan, Guwahati, were similar, nay more onerous. According to him, taking note of his pleas, the Deputy Secretary of the Department had put up a note in the Cultural Secretariat being Note No.CAE-137/83 which reveals that a discrimination had been made in the matter of fixation of pay scale for the aforementioned post. The respondent No. 2 by communication dated 22.8. 1983 (Annexure XII to the additional affidavit of the petitioner) pointed out to the higher authorities of the department that the post of Production Assistant (Drama and Music), Jyoti Bharati, Tezpur, had been created in the year, 1983 and that the revision of pay that was introduced in between, the pay scale attached to the post was left out of the process. The respondent No. 2 recommended that the pay scale of the Production Assistant (Drama and Music), Jyoti Bharati, Tezpur, be revised to Rs.580.00-1165.00/- PM to the same effect another communication was addressed by the respondent No. 2 on 2.2.84. By the said communication revision of pay was recommended for the post of Care Taker, Museum Assistant, Jyoti Bharati and Production Assistant (Drama and Music), Jyoti Bharati, Tezpur. Thereafter by communication dated 28.1.85 though the revision of pay scales of the posts of Care Taker and Museum Assistant has recommended by the communication dated 2.2.84 was effected, the pay scale of the post of Production Assistant (Drama and Music) was revised to Rs.480.00-800.00/- PM in place of Rs.580.00-1165.00/- PM as suggested by the respondent No. 2.