NANDESWAR KALITA Vs. REGISTRAR GAUHATI HIGH COURT

JUDGEMENT

(1.) The basic theme of this writ petition pertains to equal pay for equal work.

(2.) The petitioners, thirteen in number, are working in the High Court as Stenographers Grade I. Respondent No. 4 to respondent No. 8. are also working as Stenographers Grade I in the High Court. The petitioners claim that they are senior to the aforesaid respondents Nos. 4 to 8 but they are drawing their pay at a scale lower than the aforesaid respondents. For this purpose the petitioners have placed a chart indicating the dates of joining of the petitioners as well as the respondents as Stenographer Grade-I in this Court and the basic pay at which they are drawing their salary. The petitioners in the petition contended that despite discharging similar duties, the respondents were given higher pay ignoring their case and that the same is discriminatory. In suppport of their contention, the petitioners also referred to an office Memorandum bearing No. FEG-12/74/135 dated 10.5.83, issued by the Department of Finance, Govt. of Assam, pertaining to anomalies concerning drawal of higher pay by Junior Govt. servants in the cadres of secretaries, wherein, according to the petitioners, it was indicated that the Government decided to step up the pay of the senior incumbents in a cadre to a figure equal to the pay as fixed for the junior incumbent in the same cadre. The respondents contested the case. Respondents Nos. 5 to 8 filed a joint affidavit whereas respondent No. 1 the Registrar (Judicial) filed a separate affidavit.

(3.) According to the Registrar (Judicial), respondent No.4 Shri D.C. Chakraboty Stenographer Grade-I, initially was appointed as Stenographer Grade II on 2.7.75, and continued till 31.3.82, when he resigned from the High Court Service and after sometime he again applied for re-appointment which was considered vide order bearing No. HC. V-72/ 76/15574/Estt. dated 8.12.84. The aforesaid respondent No.4, was appointed as a fresh Stenographer Grade I, with a condition that he would not be able to claim his past service benefit, seniority, etc. The appointment order dated 8.12.84, in respect of respondent No.4 was, however, modified by an order bearing No. HC. V-72/76/ 8115/ Estt. dated 17.6.86, by which his pay was refixed by fixing his initial pay at Rs. 1435/- P.M. in the scale of pay of Rs. 1125- 50-1375/- E.B-60-1975/P.m. with effect from 2.4.85, i/e, the date of his joining in the High Court as Stenographer Grade I.