Rina Mani Kalita and 2 Ors v. The State of Assam and 3 Ors

ORDER

17.05.2024

Heard Ms. S.G. Baruah, learned counsel for the petitioners. Also heard Mr. D.P. Borah, learned Standing Counsel, Health Department and Ms. A. Sarma, learned counsel appearing on behalf of Mr. B. Chakravarty, learned Standing Page No.# 3/5 Counsel, Accountant General. 2] These 3 (three) writ 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 petitioner nos. 1 & 2 are presently working under the respondent no.3, namely, the Director of Health Services

(FW) and the petitioner no.3 retired from service while working under Rangia Block PHE under Additional Director of Health Services, Amingaon, Kamrup. It is projected that the petitioners have been deprived of benefit of the Assam Services (Revision of Pay) Rules, 1990 (RoP Rules, 1990 for short), which was given to employees of other Government Departments. The case of the petitioners 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 a Co-ordinate Bench of 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 a Co-ordinate Bench of this Court in WP(C) No.1806/2009 (Bipul Chandra Das & Ors. vs. the State of Assam & Ors.) and Page No.# 4/5 other connected matters. 4] The learned standing counsel for the Health Department submits that the basic pay of the petitioners is Rs.500/- and dearness allowance is Rs.620/-. The petitioners are also entitled to special relief @ 4.2% amounting to Rs.21/- and further interim relief @ Rs.80/- and therefore, their pay would be Rs.1125/- instead of Rs.1225/- as per Rule 6 of the ROP Rules, 1990. 5] In view of above, the Court is of the considered opinion that in terms of Judgement and Order dated 18.11.2002 passed by a Co-ordinate Bench of this Court in Civil Rule No.6567/1998 (Jibeswar Das & Ors. vs. The State of Assam & Ors.) and Judgement and Order dated 16.11.2012 passed by a Co-ordinate Bench of this Court in WP(C) No.1806/2009 (Bipul Chandra Das & Ors. vs. the State of Assam & Ors.) 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 the referred Judgments and Orders dated 18.11.2002 passed in Civil Rule No. 6567/1998 (Annexure-3) and Judgment and Order dated 16.11.2012 passed in WP(C) 1806/2009 (Annexure-4). 6] 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 the Page No.# 5/5 writ petition. 7] Accordingly, this writ petition stands disposed of in the manner as indicated above. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010071802024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1985/2024o RINAoMANIoKALITAoANDo2oORSo C/O-oSATYAoHUZURI,o R/O-oVILLAGE-oBARDAIPAKHIA,oBAIHATA,o P.O.-oBAIHATA,oPIN-o781380,o DIST.-oKAMRUP,oASSAM. 2:oGANGAoBHARALI oW/O-oKRISHNAoKANTAoMALAKAR o R/O-oVILLAGE-oABHAYPUR oHAJO o P.O.-oGERUA oP.S.-oHAJO o PIN-o781102 o DIST.-oKAMRUP oASSAM. 3:oNIRUPAMAoCHOUDHARY oW/O-oBIRENDRAoNATHoKALITA o R/O-oVILLAGE-oJALIKHATA oRANGBARI o P.O.-oHELANA oP.S.-oPATHSALA o PIN-o781375 oDIST.-oBAJALI oASSAMo VERSUSo Page No.# 2/5 THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI- 781005, ASSAM. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI- 781006 ASSAM. 3:THE DIRECTOR OF HEALTH SERVICES (FW) GOVERNMENT OF ASSAM SWASTHYA BHAWAN HENGRABARI GUWAHATI- 781036 ASSAM. 4:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781029 ASSAM Advocate for the Petitioner : MS. S G BARUAH Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA