NEEPJYOTI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, the learned counsel for the petitioners and Mr. B. Gogoi, the learned counsel appearing on behalf of the Finance Department. Also heard Mr. C. S. Hazarika, the learned counsel appearing on behalf of Town and Country Planning Department, Assam as well as Mr. S. K. Medhi, the learned counsel appearing on behalf of the respondent No.7.

(2.) The case of the petitioners herein is that pursuant to the advertisement dtd. 29/9/2011, the petitioners applied for the post of Assistant Director in the Directorate of Town and Country Planning, Assam under the Urban Development Department. In terms with the said advertisement, the scale of pay was mentioned as Rs.12,000.00 40,000 with Grade Pay of Rs.5,900.00 per month. Subsequent thereto, by the notification dtd. 7/8/2012, the petitioners were temporarily appointed to the vacant sanctioned posts with the scale of pay of Rs.12,000.00 40,000 with Grade Pay of Rs.5,900.00 plus other allowances as admissible under the Rules from time to time. Although as per the advertisement as well as by the appointment order, the petitioners were entitled to the Grade pay of Rs.5,900.00, but the petitioners were only given the Grade Pay of Rs.5,400.00 for which the petitioners had submitted representations to the respective authorities. Upon such representations, the Senior Accounts Officer of the Office of the Accountant General (A&E) had sent a communication to the Secretary to the Government of Assam (Pay Research Unit) Department seeking a clarification as to whether the petitioners are entitled to the Grade Pay of Rs.5,400.00 or Rs.5,900.00 taking into account the notification dtd. 12/12/2011, issued by the Finance Department.

(3.) At this stage, this Court deems it proper to quote the relevant portion of the said notification dtd. 12/12/2011 which is reproduced herein below:-