Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 3 Ors on 21 February, 2022
Page No.# 1/6
GAHC010066862019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2444/2019
PHULKAN MEDHI AND 14 ORS.
W/O- SRI JITENDRA KALITA, VILL BARBARA, HENRABARI, NEAR ACLAN
CLUB, P.O. DISPUR, GHY-6, KAMRUP (M), ASSAM
2: MINATI MAZUMDAR
W/O- SRI PRAMOD DAIMARY
VILL SURUJ NAGAR
BONDA
GHY-6
KAMRUP (M)
ASSAM
3: CHARULATA BIYOGI
W/O- MONORANJAN DAS
VILL- SIMILA
P.O. SIMILA TARABARI
KAMRUP
ASSAM
781135
4: PRATIBHA MAZUMDAR
W/O- MAHANANDA KALITA
P.O. PANJABARI
GHY-22
KAMRUP (M)
ASSAM
5: BHARATI BORO
W/O- SRI RAMESH BORO
P.O. BANDAPARA
DIST- KAMRUP
ASSAM- 781135
6: PRATIBHA KALITA
Page No.# 2/6
W/O- SRI PRABIN CHANDRA DAS
VILL- CHANDRAPUR
KAMRUP
ASSAM- 781150
7: MANJU BORO
W/O- SRI DANDI RAM BASUMATARY
VILL- DAKUPARA
P.O. BOKO
KAMRUP
ASSAM- 781123
8: KANAKLATA KALITA
W/O- AJOY TALUKDAR
VILL- DEOCHAR (NOWAPARA)
P.O. PANERI
KAMRUP
ASSAM- 781123
9: MADHOKI BORO
W/O- SRI MONMIL BORO
VILL- BOKO BAR PARA
P.O. BOKO
KAMRUP
ASSAM- 781123
10: DHARITRY DAS
W/O- SRI MONO KALITA
VILL- BARPARA (BOKO)
KAMRUP
ASSAM- 781123
11: PHULESWARI BORO
W/O- LT SIDHASWAR BORO
VILL- BARPARA (BOKO)
P.O. BOKO
KAMRUP ASSAM- 781123
12: RANJU RANI BORO
W/O- SRI PROMOD KAKATI
VILL- ATHKUPARA
P.O. BOKO
KAMRUP
ASSAM- 781123
13: ANJANA ROY
W/O- SRI NANDA BORO
VILL- ALOKJARI
Page No.# 3/6
P.O. BHALUKGHATA
KAMRUP
ASSAM- 781123
14: DIPTITARA RABHA
W/O- SRI DEVAKANTA RABHA
VILL- CHAIKATA
P.O. RAJAPARA
P.S. BOKO
KAMRUP
ASSAM- 781135
15: PRABHA BHUYAN
W/O- LT DEBAJYOTI BHUYAN
MALIGAON GATE NO.3
RAILWAY QUARTER NO. (230) (A)
P.O. MALIGAON
GHY-11
KAMRUP (M)
ASSA
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY
WELFARE DEPTT., DISPUR, GHY-6, ASSAM
2:SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF FINANCE
DISPUR
GHY-6
ASSAM
3:THE DIRECTOR OF HEALTH SERVICES (FW)
GOVT. OF ASSAM
SWASTHYA BHAWAN
HENGRABARI
GHY-36
ASSAM
4:THE ACCOUNTANT GENERAL
ASSAM
MAIDMGAON
BELTOLA
GHY-29
ASSA
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Advocate for the Petitioner : MRS. R BORAH
Advocate for the Respondent : MR. D P BORAH (SC, HEALTH DEPT.)
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 21.02.2022
Heard Ms. R. Bora, learned counsel for the petitioners. Also heard Mr. D.P.
Borah, learned standing counsel for respondent nos. 1 and 3, Mr. A. Chaliha,
learned standing counsel for respondent no.2 and Mr. R.K. Talukdar, learned
standing counsel for respondent no.4.
2. The fifteen petitioners herein project that they have common cause of
action and they have joined together to file this writ petition under Article 226 of
the Constitution of India. The petitioners are all serving under Directorate of
Health Services (Family Welfare), Assam. It is projected that the petitioners
have been deprived of benefit of the Revision of Pay Rules, 1990 (ROP Rules,
1990 for short), which was given to other Government Departments. The case
of the petitioner is that their pay is required to be re-fixed on the ground that
the petitioners are being paid lesser pay and emoluments than what they were
receiving earlier under the pre-revised scale of pay.
3. It is submitted by the learned counsel for the petitioners that the case of
the petitioners is squarely covered by judgment and order dated 18.11.2002
passed by this Court in Civil Rule No. 6567/1998 ( Jibeswar Das & Ors. Vs. The
State of Assam & Ors.) and judgment and order dated 16.11.2012 passed by
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this Court in WP(C) 1806/2009 (Bipul Chandra Das & Ors. Vs. The State of
Assam and Ors.) and connected matters.
4. The learned standing counsel for the Health Department submits that the
basic pay of the petitioners was Rs.500/- and dearness allowance was calculated
@ 102.9% which amounts to Rs.515/-. The petitioners are also entitled to
special relief @ 4.2% amounting to Rs.21/- and further interim relief @ Rs.80/-
and therefore, the aggregate salary of the petitioners was Rs.1116/-, which was
less than the initial pay of Rs.1125/- and therefore, the initial pay of the
petitioner was fixed at initial pay of Rs.1125/- as per Rule 6 of the ROP Rules,
1990.
5. However, by referring to the affidavit-in-reply by the petitioner, the said
calculation is denied by projecting that the petitioner nos. 2, 3, 4, 5, 6, 7, 9, 11,
12 and 15 would be entitled to total emoluments of Rs.1221/- and the petitioner
nos. 1, 8, 10, 13 and 14 would be entitled to Rs.1231/- and in this regard, the
learned counsel for the petitioners placed reliance on the O.M. dated
28.09.1989 as well as 13.06.1990.
6. In view of above, the Court is of the considered opinion that in terms of
hereinbefore referred 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 respondent no.3. It is provided that while considering
the case of the petitioners, the respondent no.3 would be guided by
hereinbefore referred judgment and order dated 16.11.2012 passed in Civil Rule
No. 6567/1998 (Annexure-3) and WP(C) 1806/2009 (Annexure4).
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7. The entire exercise shall be carried out within a period of 2(two) months
from the date of receipt of a certified copy of this order along with a copy of (i)
the writ petition, (2) copy of the affidavit-in-opposition filed by respondent no.3
and (3) the rejoinder affidavit filed by the petitioner, with all enclosures.
8. Accordingly, this writ petitioner stands disposed of in the manner as
indicated above.
JUDGE
Comparing Assistant
