MALABIKA DHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel for the petitioner. Also heard Mr. H. K. Das, learned Standing Counsel, Gauhati High Court, for the respondents no.1 to 3 and Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no.4.

(2.) This writ petition is filed by the petitioner seeking a writ of mandamus from this Court directing the respondent authorities to take necessary steps enabling the petitioner to draw pay scale of the Record Keeper as per the action plan prepared by the Government of Assam on the basis of the recommendation of the Shetty Commission. The petitioner was appointed as Record Keeper in the establishment of the Presiding Officer, Industrial Tribunal, Silchar in the year 1982. She joined the said Department on 19/7/1981 and she has been working there till her retirement in the year 2022. At the time of her appointment the Industrial Tribunals were under the Department of Labour and Employment of Government of Assam. Subsequently, in the year 2010 all the Tribunals including the Labour Courts were brought under the control of the Gauhati High Court and the Judicial Department of Government of Assam. The petitioner was appointed as a Record Keeper vide the appointment order dtd. 17/7/1982 in the scale of pay of Rs.200.004-224-6-300/- per month plus other allowances as admissible under the Rules. She joined the service on 19/7/1982 and was still in service at the time of filing the present writ petition. Subsequently, she, however, superannuated in the year 2022. The grievance of the petitioner is that as per the Shetty Commission recommendations, Revision of Pay (RoP) that ought to have been made in respect of the petitioner was not done. According to the petitioner, as per the Shetty Commission's recommendation, pay scale of Record Keeper at scale of Rs.3850.007350 is equivalent to Supervisory Assistant/ UD Assistant/Judicial Peshkar/ Nazir/Stenographer Grade-III and they are the common category posts as reflected in the action plan. The said action plan was prepared by the Government of Assam in terms of the direction of the Apex Court passed on 7/10/2009 in WP(C) No.1022/1989 - All India Judges Association and Others vs. Union of India and Other. The directions issued by the Apex Court were required to be complied with for which purpose the Government of Assam had prepared the action plan. The petitioner was a Record Keeper since her appointment but she had been drawing the pay scale of a Record Arranger which is 2650-5200/- instead of allowing her to draw the pay scale of a Record Keeper which is 3850-7350/- with effect from 1/4/2003 as per the Shetty Commission recommendation. The petitioner made several requests to all the competent authorities, however, her plea was not considered. Referring to a communication dtd. 11/11/2010, learned counsel for the petitioner submits that by the said communication the Hon'ble Gauhati High Court had communicated to all the District and Sessions judges, the Principal Judges, Family Courts, the Presiding Officers, the Special Judge, CBI Court, the Presiding Officer, Labour Court, Guwahati/Dibrugarh, the Presiding Officer, Industrial Tribunal, Guwahati/Dibrugarh/Silchar, The Judge, Designated Court, Assam, Guwahati and the Chief Judicial Magistrate of all the Districts, the draft action plan submitted by the Government of Assam for furnishing the financial implications/ involvement towards implementation of the Hon'ble Supreme Court of India's directions passed in WP(C) No.1022/1989 on 7/10/2009 relating to the revision of pay scales, etc of the Subordinate Court Staff. Learned counsel for the petitioner submits that as per the said action plan there are a few 'common category posts.' Under the said common category posts at serial no. 5 Record Keeper is shown in the pay scale of 3850-7350/- whereas at serial no. 11 Record Arranger has been shown in the pay scale of 2650-5200/-.

(3.) The learned counsel for the petitioner submits that the petitioner was appointed as a Record Keeper under the Industrial Tribunal, Silchar and therefore, her revision of pay ought to have been made in the pay scale available to Record Keeper which is 3850-7350/-. It is submitted that however, she had all along being given the pay scale of Record Arranger which is 2650-5200/- and the benefits as recommended by the Shetty Commission ought to have been given to her in the appropriate pay scale of Record Arranger which is 3850-7350/-. It is further submitted that by the communication dtd. 18/12/2010, the Judicial Department, Government of Assam informed the Accountant General (A& E) Assam Maidamgaon, Beltola regarding the implementation of the recommendation of the Shetty Commission in respect of the staff of subordinate Courts with effect from 1/4/2003. It was informed that as per the Shetty Commission, one increment has been granted at the existing pay scale to the each of the holders of the category of posts mentioned therein. The category of posts included Stenographer Grade-I, Supervisory Assistant, UD Assistant, Judicial Peshkar, Record Keeper, Nazir, Stenographer Grade-III, LD Assistant, Civil Copyist/Typist Copyist, Crl. Copyist/ Police Diary Copyist/ Follo Copyist, Record Arranger.