PHANIDHAR CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Kataki, the learned counsel appearing on behalf of the petitioner and Mr. S. S. Roy, the learned Standing counsel appearing on behalf of the respondent No.1. I have also heard Mr. P. N. Goswami, the learned Standing counsel of Assam Cooperative Apex Bank Ltd. who represents the respondent Nos. 2, 3 and 4.

(2.) The petitioner before this Court has filed the instant writ petition challenging Clause-2 of the Staff Circular No.49/2010 dtd. 17/8/2010 on the ground that the said Clause violates the mandate of Article 14 of the Constitution of India inasmuch as there is no reasonable classification for not granting the petitioner the enhanced pay for the period from 1/1/2004 to 31/12/2007.

(3.) The case of the petitioner herein is that he joined the respondent No.2 Bank on 1/8/1970 and thereupon was transferred to several branches of the Bank and finally the petitioner joined the Silpukhuri Branch on 29/6/1998 as Branch Manager and retired from service w.e.f. 31/12/2007. It is the further case of the petitioner that pursuant to the Assam Services (Revision of Pay) Rules, 2010 (for short "the Rules of 2010") which was brought into force w.e.f. 1/1/2006, the respondent No.2 Bank had also in its Board Meeting dtd. 27/7/2010 resolved that the revised Pay Scale for the employees/officers of the Bank be declared as per the formula adopted by the Government of Assam with suitable modifications as and where necessary as per the details given in the said Resolution. On the basis of the said Meeting of the Board of Directors on 27/7/2010, the Staff Circular No.49/2010 dtd. 17/8/2010 (hereinafter referred to as the "impugned Circular") was issued. The petitioner herein having retired on 31/12/2007 is aggrieved by Clause-2 of the said impugned Circular. The same being relevant is reproduced herein-under: