Gauhati High Court
Dr. Chandana Sinha Roy vs The State Of Assam And 3 Ors on 7 October, 2021
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GAHC010165532021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5357/2021
DR. CHANDANA SINHA ROY
W/O MR. KRISHIKESH ROY, R/O UZAN BAZAR, GUWAHATI, DIST. KAMRUP
(M), PIN 781001
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, EDUCATION DEPTT. (HIGHER), DISPUR, ASSAM, PIN 781006
2:THE PRINCIPAL SECY.
GOVT. OF ASSAM EDUCATION DEPTT.
DISPUR
GUWAHATI 781006
3:THE DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 781019
4:THE COMMISSIONER SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT
DISPUR
GUWAHATI 78100
Advocate for the Petitioner : MR B D DAS
Advocate for the Respondent : SC, HIGHER EDU
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT
Date : 07-10-2021
Heard Mr. B.D. Das, learned senior counsel for the petitioner. Also
heard Mr. K. Gogoi, learned counsel for the respondents No.1, 2 and 3 being
the authorities under the Higher Education Department of the Govt. of
Assam and Mr. R. Borpujari, learned counsel for the respondent No.4 being
the authorities under the Finance Department.
2. The petitioner who was appointed as a Lecturer in the Department of
Education in Pandu College, Guwahati on 02.03.1993 was subsequently
promoted as an Associate Professor on 04.03.2007. While the petitioner was
serving as an Associate Professor, a discrepancy was noticed that she was
drawing a lesser amount of salary in comparison with her similarly placed junior
colleagues. In the circumstance, the petitioner submitted a representation that
her salary should be given the protection to ensure that it is not less than what
her junior colleagues are receiving.
3. The said representation ultimately culminated in the order dated
07.09.2017 of the Director of the Higher Education, Assam, wherein, it is
provided that pursuant to the Government letter No. 674/2016/59 dated
01.08.2017, there is a stepped up of the salary of the petitioner at the stage of
Rs.52,110/- as on 01.07.2009 with DNI on 01.07.010 so as to equalise the pay
the petitioner is being paid with that of her junior colleague Dr. Mrs. Asha Sarma
who is also an Associate Professor in the Department of Political Science in the
Pandu College. The order provided that the stepped up was done as per FR-27
of FR & SR by invoking FR 5(A).
4. Subsequent to the order dated 07.09.2017 and with reference thereof, the
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Principal of Pandu College had made a communication dated 08.01.2018
through the Director of Higher Education, Assam whereby the consolidated
statement regarding equalisation of arrear salary in respect of the petitioner was
submitted. This petition is instituted on the grievance that the arrear salary as
provided in the proposal of the Principal of Pandu College has not been provided
to the petitioner. Nevertheless, it is stated that at present the petitioner is
getting the stepped up salary as required. The communication dated 08.01.2018
of the Principal goes to show that an amount of Rs.5,37,172/- has been
calculated by the authorities to be the arrear stepped up salary the petitioner to
which she is entitled for the period 01.07.2009 to 28.02.2017.
5. By another communication dated 17.02.2021 of the Principal of Pandu
College, Guwahati made to the Director of Higher Education, Assam, the
consolidated statement of promotional arrear of the petitioner from 04.03.2007
upto 28.02.2015 amounting to Rs.8,14,440/- had been arrived at and there was
a request that the said amount be also released in favour of the petitioner. The
communication dated 17.02.2021 is also accompanied by a statement to show
in what manner the aforesaid amount was arrived at. As the entitlement of the
petitioner to the stepped up pay had been finally determined by the order
dated 07.09.2017 of the Director of Higher Education, Assam and that too in
pursuance of the Government letter dated 01.08.2017, it has to be understood
that the entitlement to receive the stepped up pay had been finally decided by
the authorities and the only requirement now is to make the payment. The two
proposals of the Principal of the Pandu College dated 08.01.2018 and
17.02.2021 further fortifies the total amount of arrear salary that is payable to
the petitioner. As the amount, as well as the entitlement, had already been
determined, therefore, no further adjudication is required on the entitlement of
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the petitioner.
6. Accordingly, we deem it appropriate to issue a direction to the Director of
Higher Education, Assam to do the needful and pass an appropriate order to
enable the petitioner to receive the two payments as in the proposal of the
Principal of Pandu College dated 08.01.2018 and 17.02.2021.
7. The payment be made within a period of three months from the date of
receipt of the certified copy of the order.
Writ petition stands allowed as indicated above.
JUDGE
Comparing Assistant
