SMITA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr.T Chakraborty, the learned counsel appearing on behalf of the petitioners. Mr. TJ Mahanta, the learned Senior Counsel as well as the learned Standing Counsel, who appears on behalf of the Gauhati High Court, Principal Seat and Mr. P Nayak, the learned Standing Counsel, who appears on behalf of Finance Department, Government of Assam.

(2.) The three petitioners herein have approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution being aggrieved by the actions of the respondents in not condoning the delay in exercising the option under Rule 5 and Rule 7 of the Assam Services (Revision of pay) Rules 2017 (for short, 'the ROP Rules of 2017') as well as also not providing the benefits of the Principal Seat Pay (for short, 'the PSP'), while fixing the basic pay of the petitioners under the ROP Rules of 2017.

(3.) The facts of the instant case are that the Gauhati High Court had issued an advertisement on 3/10/2015 calling for applications for the post of Private Secretary and Senior Personal Assistants. The petitioners applied and pursuant to a selection proceedings being carried out they were selected and thereupon appointed vide order dtd. 1/11/2016. The petitioners' names appear in the said Appointment Order at Sl.No.3, 4, and 5 respectively.