Rupjoutey [email protected] Rupjyoti Das ... vs The State Of Assam And 3 Ors
2023 Latest Caselaw 1150 Gua

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GAHC010221672021




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

                                 Case No. : WP(C)/7131/2021

            RUPJOUTEY [email protected] RUPJYOTI DAS BHUYAN
            W/O- SRI KHANINDRA NATH BHUYAN, R/O- VILLAGE DAHATI, P.O-
            BARPETA, DIST-BARPETA, ASSAM, PIN-781301



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HOME
            AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06

            2:THE SECRETARY
            TO THE GOVT. OF ASSAM
             POLITICAL (B) DEPARTMENT
             DISPUR
             GUWAHATI-06

            3:THE COMMISSIONER AND SECRETARY
            TO THE GOVT OF ASSAM
             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI-06ASSAM

            4:THE MEMBER
            FOREIGNERS TRIBUNAL-II
             BARPETA
             DIST- BARPETA
            ASSAM
            PIN-78130

Advocate for the Petitioner   : MR. I H SAIKIA

Advocate for the Respondent : GA, ASSAM
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                                BEFORE
                 HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                    ORDER

Date : 22.03.2023

Heard Mr. I.H. Saikia, the learned counsel appearing on behalf of the petitioner. Mr. B. Gogoi, the learned counsel appears on behalf of the Finance Department and Mr. H.K. Sarma, the learned counsel appears on behalf of the Home and Political Department.

This Court vide the earlier order dated 17/2/2023 had observed the case of the petitioner as well as the respondents. In the said order, this court had also specifically referred to the judgment of the Supreme Court in the case of State of Punjab Vs, Jagjit Singh and Ors reported in (2017) 1 SCC 148 as well as the judgment of the Supreme Court in the case of Sabha Shanker Dube VS.Divisional Forest Officer and Others reported in (2019) 12 SCC

297. The learned counsel for the petitioner have categorically submitted that in the case Sabha Shanker Dube(supra) the Supreme Court had granted the minimum of pay scale to those employees in non-sanctioned post on the basis of parity with those employees who have been doing similar work and appointed in the same department in regular post. The learned counsel for the petitioner submits that in the instant case, the petitioner as well as the copyists who were appointed prior to 1/9/2005 in the Foreigners Tribunal are performing the same work but in view of the judgment in the case of State of Assam Vs. Upen Das (Writ Appeal No. 45/2017) dated 8/6/2017 the petitioners have been deprived the minimum of pay scale. He further submitted that in the case of Sabha Shanker Dube(supra) which is later in the point of time and as such the said Page No.# 3/3

aspect of the matter requires to be taken into consideration in granting the petitioner similar benefits as those copyists who were appointed prior to 1/9/2005. He specifically referred to paragraph No.58 of the judgment in the case of Jagjit Singh (supra) wherein the Supreme Court had categorically observed that there should not be any disparity in the pay scale between those temporary appointments and regular appointments.

Mr. B. Gogoi, the learned counsel appearing on behalf of the Finance Department submits that he would like to go through the said decisions.

Let the matter be again listed on 28th of March, 2023.

JUDGE

Comparing Assistant