Malati Thakuria and 4 Ors v. The State of Assam and 3 Ors

ORDER Date : 25-10-2024 Heard Mr. M.K. Boro, learned counsel for the petitioners. Also heard the learned standing counsel, Health as well as Mr. P. Nayak, learned standing counsel, Finance Department.

¶2The petitioners have filed this writ petition praying for a direction to the respondent authorities to re-fix the initial pay of the petitioners as per the provision of Revision of Pay Rules, 1990 with all consequential benefits including the arrears.

¶3The petitioners, who are the employees of the Department of Health and Family Welfare, Govt. of Assam have been appointed between 01.03.1899 to 30.03.1989. It is contended that although their initial pay revision to be fixed in terms of the provision of Revision of Pay Rules, 1990 w.e.f.

01.01.1989, the benefit accrued to them has not been granted. It is further contended that similarly situated employees of the Govt. of Assam in other departments and Directorates have been extended benefits of the provision of Revision of Pay Rules, 1990.

¶4The petitioners contended that similarly situated employees in the Directorate of Sericulture, Department of Handloom and Textiles and Directorate of Health Services (FW), Assam have been paid their initial pay applying the provision of Revision of Pay 1990. However, the fixation has been cancelled by the authorities consequent to which they had approached this Court by filing writ petition, wherein, the petitioner stated that some similarly placed employees in the Directorate of Sericulture, Department of Handloom and Textiles whose re-fixation of pay as per ROP Rules, 1990 was cancelled vide order dated 16.09.1998, being order No.ADSE/65/98-99/RSP/65 dated Goalpara the 16th September, 1998 approached this Hon'ble High Court vide Civil Rule No.6567/1998 challenging the said cancellation order dated 16.09.1998 cancelling their re-fixation of pay as per ROP Rules, 1990. This Hon'ble Court vide its order dated has set aside the impugned order dated 16.09.1998 with Page No.# 3/4 observation that the petitioners (in C.R. Rule No.6567/1998) shall be given all consequential benefits in view of the re-fixation of the revised pay scale in terms of order dated 23.04.1998. Thereafter, other similarly placed employees of the Handloom and Textile Department also approached this Hon'ble Court vide WP(C) No.1806/2009 and WP© No.1666/2009 and this Hon'ble Court vide common judgment and order dated 16.11.2012, directed the Department of Handloom and Textiles to look into the grievances of the petitioners therein for re-fixation of their pay so that the same does not amount to fixation at a stage which is lesser than the total emolument which they used to receive under the pre-revised scale of pay.

¶5It is contended by the petitioners that the pay of the petitioners is required to be re-fixed on the ground that the petitioners are being paid lesser pay and emoluments.

¶6Mr. M.K. Boro, learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment and order dated 18.11.2002 passed in Civil Rule 6567/1998 and judgment and order dated 16.11.2012 passed in WP(C) 1806/2009 and other connected writ petition. He submits that this Court on 04.03.2024 in WP(C) 772/2024 has observed that in terms of the judgment and order dated 16.11.2012 passed in WP(C) 1806/2009 and other connected matters, the issue regarding fixation of pay is required to be revisited by the respondent No.3. It is also provided that while considering the case of the petitioners, the respondent No.3 would be guided by the judgment and order dated 16.11.2012 passed in Civil Rule 6567/98 and WP(C) 1806/2009 and consequently, directed the respondent authorities to carry out the exercise within a period of two months from the date of receipt of the certified copy of the order.

¶7Mr. P. Nayak, learned Standing counsel, Finance Department submits that in view of the applicable Office Memorandum, it would be difficult to revisit and refix the pay of the petitioners as it would not be in accordance with the Rules.

¶8On perusal of the judgment and order of this Court in the connected writ petitions, although the learned counsel for the respondent have vehemently opposed the disposal of the writ petition in the light of the aforesaid judgment and orders referred above, this Court finds that the judgment and orders (supra) squarely covers the grievance raised by the petitioners.

¶9Having considered that the above referred judgment and orders of this Court squarely covers the case of the petitioners, as the petitioners are similarly situated employees of the State Government, I Page No.# 4/4 deem it appropriate to dispose of the writ petition providing the similar direction as the judicial discipline and propriety demands that the judgment and order of the coordinate Bench is required to be followed unless there is a reason to disagree with the same.

¶10In view of the above, this Court is of the view that the judgment and order dated 16.11.2012 passed in WP(C) 1806/2009 and other similar orders (supra) on the issue regarding fixation of pay is required to be revisited by the respondent authorities. Accordingly, the respondent authorities are directed to revisit the same. It is provided that while considering the grievance of the petitioners, the respondent authorities would be guided by the judgment and order of this Court as aforementioned. It is further directed that the respondent authorities shall consider the same within a period of 2(two) months from the date of receipt of the copy of this order.

¶11In terms of the above, writ petition stands disposed of.

JUDGE Comparing Assistant

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