MALA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N Dutta, learned Senior counsel appearing for the petitioner. Also heard Mr. PN Goswami, learned Standing counsel, Education, Higher Department and Mr. C Baruah, learned counsel for respondent Nos.5 and 6, being the Accountant General, Assam.

(2.) On being recommended by the Assam Public Service Commission (APSC for short), the petitioner was appointed in the Geography department of Cotton College, Guwahati. Accordingly by the joining letter, Annexure-B to the writ petition, the petitioner joined as a Lecturer in the Department of Geography in Cotton College, Guwahati on 01.06.2000. By the Notification dated 24.10.2008, Annexure-J to the writ petition, the petitioner was allowed the senior scale of pay w.e.f., 26.02006. Thereafter as per the proceedings of the Executive Council of the Gauhati University dated 27.05.2006, it was resolved that the petitioner be awarded with the Ph.D degree.

(3.) Subsequent thereto, the Gauhati University by the communication dated 006.2006, in respect of the award of Ph.D degree had declared the petitioner to have qualified for the Ph.D degree vide Executive Council's resolution dated 27.05.2006. Upon the petitioner having obtained the Ph.D degree, the Director of Higher Education, Assam by the communication dated 07.01.2011 had rectified the date of placement of the petitioner in the senior scale and, accordingly, in modification of the earlier Notification dated 24.10.2008, had placed the petitioner in the senior scale w.e.f. 01.06.2004. In the said communication, it has been stated that the petitioner was awarded the Ph.D degree on 27.05.2006, and, that earlier the petitioner was granted the senior scale w.e.f. 26.02.2006.