ARUNABHA GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. C. Borbora, the learned Senior counsel assisted by Ms. N. Begum, the learned counsel appearing on behalf of the petitioners and Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Finance Department. I have also heard Mr. N. K. Debnath, the learned Standing counsel appearing on behalf of the Panchayat and Rural Development Department and Mr. C. S. Hazarika, the learned Standing counsel appearing on behalf of the Personnel Deptt.

(2.) The issue involved in the instant writ petition is as to whether there has been a disparity in the pay of the petitioners who are working in the cadre of Deputy Chief Executive Officer which is the promotional post from the post of Block Development Officer inasmuch as the Grade Pay is one and the same.

(3.) The facts involved in the instant case are that the petitioners herein were appointed as Block Development Officer on various dates. The petitioners thereupon were promoted to the post of Deputy Chief Executive Officer on 29/2/2016 and 26/6/2019 vide the promotional orders enclosed as Annexure-1 (series) to the instant writ petition. On 23/2/2021, the Governor of Assam in exercise of powers conferred under the proviso to Article 309 of the Constitution amended the Schedule to the Assam Service (ROP) Rules, 2017 whereby the Block Development Officer was given a revised pay structure in Pay Band-4 of Rs.30,000.00 to Rs.1,10,000.00 and Grade Pay of Rs.12,700.00. It is the case of the petitioners herein that as the post held by the petitioners are promotional posts from the post of the Block Development Officer, the post of the Deputy Chief Executive Officer cannot have equal grade pay with that of the post of Block Development Officer. Various representations were submitted but nothing constructive happened for which the present writ petition has been filed.