HASNINE ALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. D. Ghosh, learned counsel for the petitioner and Mr. B. Deuri, learned Junior Government Advocate for the respondent No. 1, being the Legal Remembrancer and Secretary to the Government of Assam in the Judicial Department. Also heard Mr. B. Gogoi, learned counsel for the respondents No. 2 and 4, being the authorities in the Finance Department; Mr. H.K. Das, learned counsel for the respondent No. 3, being the Registrar General, Gauhati High Court and Ms. J. Das, learned counsel for the respondent No. 5, being the Accountant General (A&E), Assam.

(2.) The writ petitioner Hasnine Alam was appointed as Stenographer Grade-II in the Principal Seat of Gauhati High Court in the Pay Band 3 (for short 'PB3') of Rs.8000.0035000/- with Grade Pay (for short 'GP') of Rs.4300.00 per month plus other allowances as admissible under the Rules. Later on the petitioner was promoted as Private Secretary in the Principal Seat of Gauhati High Court in the PB4 of Rs.12000.0040000/- with GP of Rs.5900.00. Without there being any other entitlement and without there being any revision of pay, the petitioner was entitled to the basic pay as Stenographer Grade-II in PB 3 of Rs.8000.00 plus GP of Rs.4300.00 subject to increments from time to time as may be applicable. Similarly, without there being any revision of pay and without any further entitlement, the petitioner upon being promoted as Private Secretary in the PB4 of Rs.12000.0040000/- with GP of Rs.5900.00, was entitled to the basic pay of Rs.12000.00 plus GP of Rs.5900.00 which is equal to Rs.17900.00. However, the petitioner being an employee of the Principal Seat of the Gauhati High Court, he is also entitled to an additional pay nomenclatured as Principal Seat Pay (for short 'PSP') which had been notified as per the notification dtd. 16/8/2016 of the Legal Remembrancer and Secretary to the Government of Assam in the Judicial Department. The said notification dtd. 16/8/2016 is extracted as below:

(3.) Paragraph 1 of the notification dtd. 16/8/2016 provides the PSP to be Rs.1000.00 per month in respect of those employees of the Principal Seat of the Gauhati High Court who are in the PB3 and Rs.1250.00 per month in respect of such employees who are in PB4. In other words, the petitioner as Stenographer Grade-II was entitled to the basic pay of PB3 of Rs.8000.00 plus GP of Rs.4300.00 and further Rs.1000.00 as PSP which was added to his basic pay, the total basic pay being Rs.13300.00 per month.