Subhash Ch. Das and 22 Ors v. The State of Assam and 3 Ors

ORDER Date : 28-09-2023 28-09-2023 Heard Ms. D. Borgohain, learned counsel for the writ petitioners. I have also heard Ms. M. Barman, learned Govt. Advocate, Assam appearing for the respondent No. 1, Mr. P. Nayak, learned standing counsel, Finance Department, Assam appearing for the respondent No. 2 and Mr. N.K. Sarma, learned counsel representing respondent Nos. 3 Page No.# 12/15 and 4.

¶2The core controversy involved in this writ petition pertains to the alleged computational error in giving effect to the revised pay scale applicable to the writ petitioners as the employees of the Gauhati High Court (Principal Seat) as per the Revision of Pay (RoP) Rules, 2017. According to the writ petitioners, while fixing their revised pay scale, a computational error has occurred which calls for rectification.

¶3The facts of the case lie in a narrow campus and can be noticed as follows:- The writ petitioners are all working as Computer Assistants in the Principal Seat of the Gauhati High Court. As per the relevant service rules, the petitioners are employees of the Principal Seat of the Gauhati High Court. By the notification dated 16-08-2016, the Govt. of Assam had earlier approved the proposal for payment of Principal Seat Pay (PSP) to the officers and staff of the Gauhati High Court (Principal Seat) with effect from the date so notified. The notification dated 16-08-2016 was issued with the approval of the Cabinet. The aforesaid notification had clearly mentioned that the PSP shall be admissible to all the officers and staff of the Principal Seat of the Gauhati High Court in addition to their pay band and grade pay, meaning thereby that the basic pay of the employees under the RoP Rules had to be treated as "pay in the pay band + grade pay + PSP". Accordingly, the officers and other staff of the Principal Seat of the Gauhati High Court have already been extended the benefit of revised pay scale. However, in the case of Computer Assistants, the department had calculated the revised pay scale only on the basis of the pay in the pay band + grade pay, by excluding the PSP as a result of which, they are drawing a lesser amount as salary. The apparent reason for doing so is on account of the fact that Page No.# 13/15 the writ petitioners herein, although were appointed prior to the notification of the RoP Rules, 2017 but their appointments are after the notification dated 16-08-2016 had been issued by the Govt. of Assam approving the payment of PSP. It would be pertinent to mention herein that in the writ petition, the petitioners have inter-alia prayed for issuance of a direction to fix the salary of the petitioners under the Revised Pay Rules (RoP) w.e.f. 01-07-2017.

¶4It appears that taking note of the grievance expressed by the petitioners pertaining to erroneous fixation of pay scale, the Joint Registrar (Finance) of the Gauhati High Court had earlier addressed a communication dated 23-12-2022 to the Judicial Department of the Govt. of Assam, pointing out that the pre-revised fixation of pay of the Computer Assistants ought to be Rs. 8750/- and after 3% increment, it would become Rs. 9,020/- w.e.f. 01-07-2017. As such, the revised pay of the Computer Assistant w.e.f. 01-07-2017 under the RoP, 2017 would be Rs. 24,160/- (next higher stage of table No. 1.7). It was further, mentioned that pay in respect of all other officers and staff of the Registry had been fixed after adding PSP with basic i.e. basic = pay + grade pay + PSP, as admissible under the Govt. notification dated 16-08-2016. Accordingly, a request was made to the Judicial Department of the Govt. of Assam to rectify the above computational error and re-fix the pay scale of the writ petitioners. However, notwithstanding the aforesaid communication, no action had been taken by the Judicial Department primarily on the ground that approval of the Finance Department was required in this regard.

¶5It further appears that some other issues raised in the writ petition have already been resolved during the pendency of the writ petition but the contentious issue that still Page No.# 14/15 remains to be resolved, at this point of time, is on the question of re-fixation of the basic pay of the petitioners after taking into account the pay in the pay band + grade pay + PSP.

¶6Taking note of the facts and circumstances of this case, on 18-09-2023, this Court had passed an order directing the learned standing counsel, Finance Department, Assam to obtain necessary instruction as to the claim made in the writ petition. Today when the matter is called up Mr. P. Nayak, learned standing counsel, Finance Department, Assam has disarmingly submitted that Finance Department would have no objection if the necessary computational error is rectified by the Judicial Department and in this regard, if any further clarification is required, the Finance Department is ready and willing to provide the same.

¶7In view of the stand taken by the learned standing counsel, Finance Department, Assam, this Court is of the opinion that the issue raised in this writ petition can be treated to have been resolved. Ms. Borgohain, learned counsel for the writ petitioners/ applicants has also fairly admitted to the said position. Ms. M. Barman, learned Govt. Advocate, Assam and Mr. N.K. Sarma, learned standing counsel, GHC have also submitted that since it is only a question of rectification of a computational error, they would have no objection if the writ petition is disposed of with a direction upon the Judicial Department, Govt. of Assam to carry out the necessary rectification in the computational error and issue appropriate notification.

¶8Taking note of the submissions made at the bar, this writ petition as well as the I.A. is hereby disposed of by directing the respondent No. 1 to take note of the projection Page No.# 15/15 made in the letter No. HC.VIII 154/2017/3067/AC dated 23-12-2022 issued by the Joint Registrar (Finance), Gauhati High Court and after carrying out the necessary correction in the computation and fixation of revised pay scale in case of the writ petitioners, a proper notification be issued. In doing so, if any clarification is required, the same may be sought from the Finance Department, Govt. of Assam.

¶9Needless to say, the exercise, as directed by this Court shall be carried out and completed as expeditiously as possible but not later than 60 days from the date of receipt of a certified copy of this order. The benefit of arrear salary and allowances, which may be admissible under the Rules upon re-fixation of the pay scale, may also be released in favour of the writ petitioners within a further period of 60 days from the date of issuance of the notification. With the above observation, this writ petition as well as the I.A. stand disposed of.

JUDGE GS Comparing Assistant

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