TANKESWAR BORUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Kalita, learned counsel for the petitioner, in both the petitions, and Mr. B. Kaushik, learned Standing Counsel for the respondent Nos. 1 to 4 in WP(C) No. 2976/2023. Also heard Mr. B. Kaushik, learned Standing Counsel for the respondent Nos. 1 to 5; Mr. A. Chaliha, learned Standing Counsel for the respondent No.6 and Mr. B. Sarma, learned Standing Counsel, Accountant General, Assam (A.G.), for the respondent No. 7 in WP(C) No. 8342/2022.

(2.) Two writ petitions No. WP(C) No. 2976/2023 and WP(C) No. 8342/2022, both are preferred by the petitioner, namely, Shri Tankeswar Boruah. In WP(C) No. 2976/2023, under Article 226 of the Constitution of India, the petitioner has praying for issuing direction to the respondent authorities to grant minimum scale of pay, in terms of the Judgment of this Court dtd. 8/6/2017, in 2020 (5) GLT 605: Writ Appeal No. 45/2014 (State of Assam and Anr. Vs. Shri Upen Das &Ors.), and the Notification, dtd. 3/10/2019, issued by the Principal Secretary to the Government of Assam, Finance Department; and also to issue direction to the respondent authorities not to disturb the petitioner's engagement in the post of Night Chowkidar, in the Office of the Deputy Inspector of Schools, Majuli, Kamalabari, till his normal age of superannuation.

(3.) The background facts, leading to filing of the petitions are briefly stated as under -