LAWS(GAU)-2019-5-3

NIRMALI HAZARIKA Vs. UNION OF INDIA

Decided On May 03, 2019
Nirmali Hazarika Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. A. Dasgupta, learned senior advocate, assisted by Ms. B. Das, learned advocate for the petitioner. Also heard Ms. P. Das, the learned advocate assisting Mr. S.C. Keyal, the learned Assistant Solicitor General of India, appearing on behalf of the respondents No. 1 to 4. No one has represented the respondents No.5 to 7.

(2.) By filing this writ petition filed under Article 226 of the Constitution of India, the petitioner is seeking a direction upon the respondents to grant her the scale of pay as per Sixth Central Pay Commission recommendation, which is paid to all the other employees of North Eastern Institute of Water and Land Management ('NERIWALM' for short).

(3.) In this writ petition it is projected that NERIWALM (respondent No.6) was established on 23.12.1989 by the North Eastern Council ( NEC for short) is registered under the Ministry of Home Affairs and registered under the Societies Registration Act, 1860. Subsequently, the NERIWALM came under the Ministry of Development of North Eastern Region (DoNER for short), but at present, the said Society is under the Ministry of Water Resources, Govt. of India and that its affairs are managed by its Governing Council and its Managing Council, who are all nominated and/or appointed by the Government. It is projected that the petitioner was appointed as Draughtsman Grade-III on 08.09.1998 and was given temporary status on 15.10.2000. Thereafter, the petitioner was regularised in the said post.