Page No.# 1/4 vs The Union Of India And 5 Ors
2021 Latest Caselaw 3047 Gua

                                                                    Page No.# 1/4

GAHC010019642014




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/6603/2014

            GS-162973N SRI BRIJ BHUWAN RAM and 147 ORS
            S/O LT. RAMDEO RAM, R/O BAIJ NATH PUR, P.O. KHANJURA PHULAICH,
            DIST- AZAMGARH, UTTAR PRADESH-276126

            2: PETITIONER 2
             PETITIONER 2

            3: PETITIONER 4
             PETITIONER 4

            4: PETITIONER 5
             PETITIONER 5

            5: PETITIONER 45
             PETITIONER 45

            6: PETITIONER 97
             PETITIONER 9

            VERSUS

            THE UNION OF INDIA and 5 ORS
            REP. BY THE SECY., MINISTRY OF ROAD, TRANSPORT and HIGHWAYS,
            TRANSPORT BHAVAN, 1, PARLIAMENTARY STREET, NEW DELHI-1



Advocate for the Petitioner   : MR.D BORAH

Advocate for the Respondent : ASSTT.S.G.I.
                                                                          Page No.# 2/4

                             BEFORE
           HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                      ORDER

23.11.2021

Heard Mr. I H Saikia, learned counsel for the petitioners. Also heard Mr. RKD Choudhury, learned ASGI for the respondents.

2. On the prayer made by Mr. IH Saikia, learned counsel for the petitioners, which is not objected to by Mr. RKD Choudhury, learned ASGI, the Ministry of Finance, represented by the Secretary to the Government of India, is impleaded as the respondent No.7 in the present proceeding. Registry to make necessary correction to the cause-title.

3. The prayer of the writ petitioners is for payment of minimum recommended pay scales for Diploma in Engineering direct recruitment posts i.e. Rs.1400-40-

2300/- (as per 4th CPC) and Rs.5000-150-8000/- (as per 5th CPC) on entry and the ordered time scale pay hikes together with arrears of salary and other consequential benefits.

4. Mr. I H Saikia, learned counsel for the petitioners submits that this case is a covered case in terms of the judgment and order dated 18.02.2020 passed by this Court in WP(C)No.1537/2015 "GS-173517H-Sri C. Chandra Kumar Vs. Union of India and 5 others" and the subsequent judgment and order dated 24.09.2021 passed by the Division Bench of this Court in WA No.104/2020 "Union of India and 5 others Vs. Shri C Chandra Kumar". He, accordingly, Page No.# 3/4

submits that the present writ petition can be disposed of in terms of paragraph 30 of the judgment and order passed in WP(C)No.1537/2015.

5. Mr. I H Saikia, learned counsel for the petitioners also submits that he does not wish to press the prayers made in the writ petition with regard to project allowance, outfit allowance and special compensatory counter insurgency operation allowances.

6. Mr. RKD Choudhury, learned ASGI submits that he has got no objection with the prayer made by the petitioners' counsel in view of the fact that the present case is covered by the judgments mentioned above.

7. I have heard the learned counsels for the parties.

8. The operative portion of the judgment and order dated 18.02.2020 passed in WP(C)No.1537/2015, which is at paragraph 30 is as follows:

"The respondent authorities are directed to grant the petitioner the revised pay scale of Rs.5000-8000/- with arrears w.e.f. 01.01.1996 in terms of the recommendation of the 5th CPC and the corresponding arrears of benefit w.e.f. 01.01.2006 in terms of the recommendation made by the 6th CPC to the post of Superintendent Grade-II, which was accepted by the Department on 25.02.2009. Accordingly, the decision of the Department taken on 25.02.2009 is modified to the extent that the petitioner would be entitled to the arrears as well, and not only be limited to pay fixation, as far as the petitioner is concerned."

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9. The judgment and order dated 18.02.2020 passed in WP(C)No.1537/2015 was upheld by the Division Bench of this Court in its judgment and order dated 24.09.2021 passed in WA No.104/2020.

10. On perusing the case record and the above mentioned judgments, this Court is also of the view that the present case is a covered case. Accordingly, the respondent authorities are directed to grant the petitioners the revised pay scale of Rs.5000-8000 with arrear w.e.f. 01.01.1996 in terms of the

recommendation of the 5th CPC and the corresponding arrears of benefit w.e.f. 01.01.2006 in terms of the recommendation made by the 6th CPC to the Junior Engineers, Assistant Engineers and Assistant Executive Engineers, in terms of

the recommendation made by the 5th and 6th CPC which was accepted by the Department on 25.02.2009. Accordingly, the decision of the Department taken on 25.02.2009 is modified to the extent that the petitioners would be entitled to the arrears as well, and not only be limited to pay fixation, as far as the petitioners are concerned.

11. Writ petition is, accordingly, disposed of.

JUDGE

Comparing Assistant