Pradip Baishya and 11 Ors v. The State of Assam and Ors

ORDER Date : 26-06-2023

Heard Mr. A. Chakraborty, learned counsel for the writ petitioners. Also heard Mr. A. Kalita, learned standing counsel, Industries Department, Assam appearing on behalf of respondent Nos. 1 and 2 as well as Mr. B. Gogoi, learned standing counsel, Finance Department, Assam appearing on behalf of respondent Nos. 3 and 4. This writ petition has been filed by some of the employees of the Industries Department, Assam with the following prayers:-

i) To issue a writ in the name of mandamus and/ or any other writ, order Page No.# 4/5 or direction of the nature directing the respondent authorities to sanction to the Extension Officer (Industries) their scale of pay in the Pay Band 3 with the Grade Pay of Rs. 4300/-.

ii) To issue a writ in the nature of mandamus and/ or any other writ, order or direction of the nature directing the respondent authorities to equalize the scale of pay of the Extension Officers with that of the Quality Control Examiners.

iii) And/ or be pleased to pass such further order/ orders as your Lordships may deem fit and proper in the facts and circumstances of the case. Mr. Gogoi submits that the relief sought for by the petitioners in the form of pay parity has already been given to them under the RoP Rules, 2017 and therefore, nothing survives for adjudication in this case. Mr. Chakraborty has fairly admitted that his clients have got the relief under the RoP Rules, 2017 but he submits that the benefit of 6th CPC have not been given to them till today. I find from the pleadings in the writ petition that no grievance has been expressed in the writ petition pertaining to the 6th CPC. Therefore, the said aspect of the matter cannot be adjudicated in this writ petition. As such, by taking note of the submissions of the learned counsel for both the sides and by granting liberty to the petitioners to agitate their grievance, if any, pertaining to the 6th CPC, by approaching the concerned authority, this matter stands closed.

Page No.# 5/5 JUDGE GS

Comparing Assistant

PageoNo.#o1/5 GAHC010121232012 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2902/2012o PRADIPoBAISHYAoando11oORSo S/OoLATEoUPENoBAISHYA,oR/OoKARBIoBAGAR,oGHY-21,oKAMRUPoM,o 2:oBHUPENoBARMAN oS/OoJOGENoBARMAN oR/OoBAGHARBARI oGUWAHATI oKAMRUPoM oASSAM 3:oARUPoCHAKRABORTY oS/OoLATEoDINESHoCHAKRABORTY oR/OoANANDAoNAGAR oGUWAHATI oKAMRUPM oASSAM 4:oARUPoMAHANTA oS/OoLATEoC.K.oMAHANTA oR/OoGHY-5 oKAMRUPM oASSAM 5:oBAKHLARoRAHMAN oS/OoLATEoAZIZURoRAHMAN oR/OoISLAMPUR oGUWAHATI oKAMRUPM oASSAM 6:oMAHODARoTHAKURIA oS/OoLATEoSATYAoNATHoTHAKURIA oR/OoBAGHARBARI Page No.# 2/5 GUWAHATI KAMRUPM 7: BIPUL DATTA S/O LATE GANESH DATTA R/O DEBBARUPATH DISPUR GUWHATI KAMRUPM 8: BISWAJIT CHOUDHURY S/O RANJAN CHOUDHURY R/O KALAPAHAR GUWAHATI KAMRUPM 9: DUL DAS S/O KESHAB DS R/O BELTOLA GUWAHATI KAMRUP M 10: DURGA KINGKAR BHATTACHARJEE S/O MADHAV CH. BHATTACHARJEE R/O MUGDI NALBARI 11: HRISIKESH DAS R/O BARPETA 12: NABAJIT PATOWARY S/O JADAV PATOWARY R/O BISHAN RAVA NAGAR GHY-16 KAMRUPM ASSA VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL SECRETARY CUM COMMISSIONER GOVT. OF ASSAM, DEPARTMENT OF INDUSTRIES and COMMERCE, Page No.# 3/5 DISPUR, GHY-6, ASSAM 2:THE COMMISSIONER OF INDUSTRIES AND COMMERCE UDYOG BHAWAN BAMUNIMAIDAN GHY-21 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-6 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE PRU DEPARTMENT DISPUR GHY- Advocate for the Petitioner : MRS.S P NAIR Advocate for the Respondent : SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM