PRABAL SARMA BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Fourteen numbers of petitioners have joined together in this petition, which has been filed in connection with a claim to get the benefit of the recommendations of the 7thPay Commission, Government of Assam, which was notified on 17/3/2017 under the Assam Services, (Revision of Pay) Rules, 2017. It is the case of the petitioners that they were given their salaries in terms of the 6thPay Commission, which were published in the year 2009.

(2.) The facts as projected in the petition is that the petitioners are working in various capacities in the Food Craft Institute, a society which was formed as per a Memorandum of Association in the year 2010. The details of the employment have been given in the form of a chart in paragraph 7 of the writ petition. It is the case of the petitioners that under clause 4 of the Memorandum of Association of the Rules & Regulations of the Food Craft Institute, Membership has been defined, which consists of the following members:

(3.) It is the case of the petitioners that though they were given the benefit of the 6thRevision of Pay Commission and their salaries are also under the same recommendation, the benefits of the 7thRevision of Pay have not been given to them. In this connection, a communication was issued by the Principal of the Institute to the Chairman of the Institute, who holds the substantial position of the Principal Secretary to the Government of Assam, Tourism Department to give the benefit of the 7thROP recommendation from the Finance Department. The aspect of forwarding a proposal for Pay Revision was also discussed. However, the benefits of the recommendation of the 7thPay Commission have not been given to the petitioners and therefore the present writ petition.