BIRALAL DOLEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AR Sikdar, the learned counsel appearing on behalf of the petitioner and Mr. KC Gogoi, learned counsel appearing on behalf of the respondent Nos. 1, 2 and 3 and Mr. B Gogoi, learned counsel appearing on behalf of the respondent No. 4.

(2.) The instant writ petition has been filed by the petitioner seeking a writ of certiorari for setting aside and quashing the order dtd. 7/8/2019 issued by the Secretary to the Government of Assam, Higher Education (Technical) Department and for a writ of mandamus directing and commanding the respondents to grant AICTE pay scale to the petitioner w.e.f. the date of joining as the Assistant Project Engineer (APE) under the Community Polytechnic on 8/4/1996; to pay the arrear salary w.e.f. the date of joining till November, 2007, i.e., the date of granting of the AICTE pay scale to the petitioner as well as to grant the financial benefit of the career advancement under the AICTE pay revision scheme provided under Clause 8 and 9 of the AICTE notification dtd. 30/12/1999 and after deduction of the salary received by him as per the State pay scale.

(3.) The brief facts of the instant case is that the Government of Assam in its Education Department had issued a communication dtd. 28/2/1987 whereby the sanction of the Governor of Assam was conveyed to the creation of various temporary posts for Nagaon Polytechnic under the Community Polytechnics Scheme in the scale of pay shown against each plus other allowances as admissible under Rules up to 28/2/1987 w.e.f. the date of entertainment or from the date of issue of this sanction whichever is later. In the similar manner, another communication was issued on 28/2/1987 for the creation of temporary posts for Silchar Polytechnic under the Community Polytechnics Scheme. Amongst, the various posts whereby the sanction was granted there were posts of the Project Engineer as well as the Assistant Project Engineer. It is relevant to take note of that for the post of Assistant Project Engineer the scale of pay was Rs.1125.0050-1375-EB-60-1975/- per month, provided the post is equivalent to the post of Lecturer (i) in status qualification and having the same mode of recruitment as in the case of Lecturer in Polytechnic.