SURJIT DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioners have prayed for a direction on the respondents-to implement the pay commission recommendations circulated under office order-No. 955 dated 13th November '90 and to equalise the pay scale of the petitioners with that of the Assistant Personnel Officer, Assistant Public Relation Officer and Asstt. Security Officer and to give the petitioners fitment in North Eastern Electric Power Corporation Ltd (for short 'NEEPCO') as per revision of pay scales similar to that of Assistant Public Relation Officer and status in Executive E.2 Level from the date of absorption in the National Power Transmission Corporation (for short 'NPTC').

(2.) The facts briefly are that the petitioners were working as Assistant. Accounts Officer in 'NEEPCO'. The petitioners were placed in the category of Supervisor/Non-technical with the revised scale of pay of Rs.2,000-3,200/-. The case of the petitioners is that they should have been placed in the category of executive and should have been paid a revised pay scale of Rs.2,000-Rs.3,500/- as was being given to Assistant Personnel Officer, Assistant Public Relation Officer and Assistant Security Officer of 'NEEPCO'. While the claim of the petitioners for higher scale of pay was pending before the 'NEEPCO', transmission system work under 'NEEPCO' was transferred to the 'NPTC' and pursuant to such transfer the employee working under 'NEEPCO' were also transferred to 'NPTC' with effect from 14.11.91. In the circular dated 29.5.91 relating to transfer of such employees from 'NEEPCO' to 'NPTC' it was inter alia stated as follows:

(3.) Mr A.R. Banerjee, learned counsel for the petitioners submitted that during the pendency of this writ petition, Office Order dated 29.9.97 has been issued by the General Manager (P&A) of 'NEEPCO' granting to Assistant Accounts Officers who were working under 'NEEPCO' the scale of pay of Rs.2,000-3,500/- in place of Rs.2,000- 3.200/- with effect from 1.1.89. A copy of said order dated 29.9.97 has been annexed to the affidavit filed in Court by the petitioners today. Mr Banerjee submitted that since the petitiners were working under the 'NEEPCO' till 14.11.91, they were entitled to the aforesaid revised scale of pay of Rs.2,000-3,500/- from 'NEEPCO' for the period from 1.1.89 to 14.11.91. Mr Banerjee fruther submitted that for the period 14.11.91 onwards the petitioners were entitled to fitment in the executive category E-1 with pay scale Rs.2,350-4,150/- in the 'NPTC' on the basis of the said revised scale of pay of Rs.2,000-3,500/- under 'NEEPCO'. Mr Banerjee stated that the transmission system works presently stand transferred to the Power Grid Corporation and submitted that this Court should issue a direction to 'NEEPCO' as well as the Power Grid Corporation of India Ltd for making payment of the arrears of pay for the period in question to the petitioners on the basis of the aforesaid revised scale of pay and fitment.