NIRAB CHANDRA ADHIKARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. F.Khan, the learned counsel appearing on behalf of the petitioner. Mr. S.S.Roy, the learned counsel appears for the respondent Nos. 1 and 3, Mr. J.K.Goswami, the learned counsel appears for the respondent No.2,Mr. R.Borpujari, the learned counsel appears for the respondent No.4, Mr. S.Bhuyan, the learned counsel appears for the respondent No.5 and Mr. D.Gogoi, the learned counsel appears for the respondent No.6, the Finance Department.

(2.) The instant writ petition has been filed by the petitioner challenging the action of the respondent authorities for not granting the pay protection to the petitioner w.e.f March, 2009 as well as for a direction upon the respondents to fix the petitioner's pay scale and grade pay w.e.f March, 2009 in pay band-3 and give pay scale of Rs.15,600.0039,100/-along with the grade pay of Rs.5,400.00. Further to that, the petitioner has also prayed for an arrear salary dues in the revised pay scale of Rs.15,600.0039,100/- and grade pay of Rs.5,400.00.

(3.) The facts of the instant case is that the petitioner pursuant to a regular selection process was appointed as a Senior Research Assistant vide an Office order dtd. 8/10/2002, issued by the Registrar of the Institute of Advance Study in Science and Technology (for short IASST). The pay scale of the petitioner upon his appointment was Rs.4,390.0090-11,425/- per month. The petitioner continued to discharge his service. In the meantime, on 9/3/2009, the IASST was taken over by the Ministry of Science and Technology, Government of India, as one of the Autonomous Research and Development Institute. Upon the taking over of the institute by the Government of India, the petitioner became a Central Government employee of IASST and his post was re-designated as Technical Officer-B.