KULEN MISHRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ petition, the petitioner has assailed the Office Order dated 21.12.1999 (Annexure-4) issued by the Deputy Commissioner, Darrang, Mangaldoi, the respondent No. 2 herein, and Office order dated 20.1.2000 (Annexure-5) issued by the Chairman, I. M. (D) Tribunal, Mangaldoi, the respondent No, 3 herein.

(2.) The facts, in short compass, require to be adjudicated upon in this case are that the respondent No. 2 issued an advertisement in the "Assam Tribune" inviting applications for the post of Stenographer Grade-11 and Grade-Ill on usual scale of pay admissible for the gradewise plus other allowances as admissible under the rules. The petitioner applied for the post submitting his testimonials in response to the said advertisement. Having satisfied, the petitioner was asked to appear in the written test, speed test in stenography as well as oral interview before the Central Recruitment Committee, 1993 (in short, CRC) headed by the respondent No. 2. Accordingly, he was selected by the CRC and pursuant thereto, he was appointed as Stenographer Grade III against the vacant post in the office of the Respondent No. 3 in the pay scale of Rs. 1515-2715/- vide office order dated 25.8.1994 (Annexure-2) issued by the respondent No. 2. It is stated in para-7 of the affidavit-in-opposition filed by the respondents that the petitioner was not allowed to join in service in the office of the respondent No. 3 and thereafter, in compliance of the order dated 30.9.94 passed by this Court, the petitioner joined in the service on 25.1.1999.

(3.) The pay scales of the employees of the Government of Assam were revised, effective from 1.1.1996 and for fixation of pay scale of the petitioner, the respondent No. 3 vide his letter dated 7.10.1998 (Annexure-III) 0 asked the petitioner to produce the certificate of Grade. But the petitioner, instead of famishing the said certificate, requested the respondent No. 3 for allowing him some time to produce the same by his letter dated 8.4.1999. Thereafter, the respondent No. 2 ordered that the scale of pay of the petitioner be modified to the scale of under qualified stenographer i.e. Rs. 1125-2215/- from the date of his joining in the service vide Office Order dated 21.12.19991( Annexure-IV). It was further ordered that the excess salary already paid to the petitioner till that date be deducted from his monthly salary @ Rs. 500/- per month from January, 2000 onwards. However, it was also ordered that the petitioner would be considered for promotion to the scale of Stenographer Grade III as and when he produces the recognized certificate (the certificate of Grade). Subsequent thereto, another Office Order dated 20.1.2000 (Annexure-V) was issued by the respondent No. 3 that the excess salary already drawn by the petitioner was of Rs. 63,070.00 and the said amount would be deducted from his salary @ Rs. 500/- per month in 126 instalments and Rs. 570/- in the last instalment.