PANKAJ KUMAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra-court appeal is presented against the judgement and order dtd. 13/09/2022 passed by the learned Single Judge in WP(C) No. 152/2020, dismissing the writ petition filed by the petitioner thereby declining his prayer for issuance of a Writ of Mandamus to merge the post of Data Entry Operator (DEO) with the cadre of Junior Account Assistant (Jr. AA) in the General Administration Department (GAD), Government of Assam by making necessary amendments to the Assam Secretariat Subordinate Service Rules, 1963 (herein after referred to as the Rules of 1963).

(2.) The basic facts, necessary for disposal of this appeal, are as follows:- Pursuant to a process initiated for filling up one post of DEO in the General Administration (B) Department, Government of Assam, the appellant had participated and was eventually selected, pursuant whereto, by the order dtd. 16/07/2010, he was appointed as a DEO in the pay scale of Rs.5200.00 ' 20,200 with Grade Pay of Rs.2500.00 per month plus other allowances, as admissible from time to time. The appellant had joined the post of DEO on 17/07/2010 and submitted his joining report on the same day. By the communication dtd. 28/01/2011, the Deputy Secretary to the Government of Assam, General Administration (B) Department, had informed the Accountant General, Assam, about the sanction of the Governor of Assam for creation of one post of DEO in the pay scale of Rs.3490.0090-4480-120-4600-EB-5200-175-6600-250-8100/- per month in the GAD, Assam, for the period till 28/02/2010 with effect from the date of filling up of the post. It was further intimated that the creation and sanction of the post had the concurrence of the Finance Department U.O. No. FPC(II)2176/10 dtd. 19/01/2011.

(3.) By the notification dtd. 13/12/2016, the Government of Assam had constituted a two member Committee to examine the report of the 7th Pay and Productivity Commission and submit its report. The aforesaid Committee submitted its department wise report inter-alia opining that the case of the appellant be taken up with the Personnel Department. The recommendation of the Pay Anomaly Committee was accepted by the State Cabinet and the approval of the cabinet was notified in Official Gazette vide Notification dtd. 17/03/2017 issued by the Government of Assam, Finance Department. In the notification dtd. 17/03/2017, it was clearly mentioned, as against the item no. 39, that the Cabinet has approved the recommendation at Chapter-14 along with suggestion of the Commission and the matter was required to be processed by the Personnel Department. However, when no action was taken in the matter despite the recommendation of the Pay Commission as well as the approval of the State Cabinet, the appellant had submitted a representation dtd. 07/11/2017 before the respondent No 2 with a prayer to implement the recommendation of the Pay Commission as well as the Cabinet decision pertaining to the merger of the post of DEO with the cadre of Jr. AA.