TINSUKIA MUNICIPAL BOARD Vs. ASHIM CHAKRABORTY

JUDGEMENT

(1.) This writ appeal is filed by the appellants being aggrieved with the order dtd. 10/8/2022 passed by the learned Single Judge in WP(C) No.7162/2018, whereby the writ petition filed on behalf of the respondents Nos.1 to 14 herein [hereinafter to be referred as "the private respondents"]/writ petitioners came to be allowed and the appellant Nos.1, 2, 4 and 5 were directed to pay the scale of pay prescribed under the Sixth Pay Commission to the private respondents along with the arrear within a period of 5(five) months from the date of receipt of a certified copy of the order.

(2.) The brief facts of the case are that the private respondents, who are temporary employees working in the Tinsukia Municipal Board, have approached the Writ Court by filing the aforesaid writ petition with a prayer to issue direction to the appellants to pay them a higher scale of pay, in terms of the Sixth Pay Commission, w.e.f. 1/3/2017. The private respondents have contended before the learned Single Judge that the Chairperson of the Tinsukia Municipal Board, vide order dtd. 20/3/2017, has already ordered that the writ petitioners/private respondents herein will now be entitled to the scale of pay prescribed by the Sixth Pay Commission i.e. from 1/3/2017, but despite the same, the said benefit has not been granted to them.

(3.) The learned Single Judge has observed that though the Chairperson of the Tinsukia Municipal Board has already ordered for grant of benefit of the pay scale prescribed under the Sixth Pay Commission to the writ petitioners/private respondents herein, the same has not been granted to them in view of the letter dtd. 31/3/2017, written by the Executive Officer, Tinsukia Municipal Board, whereby he has advised the Chairperson to keep the said order in abeyance till receipt of an opinion from the Department of Finance (Economic Affairs) and the Director, Municipal Administration, Assam.