Decided on September 13,2018

Trailokya Kalita And Anr Appellant
State Of Assam And 4 Ors Respondents


Nelson Sailo, J. - (1.) Heard Mr. C. Bhattacharyya, the learned counsel for the petitioner and Mr. D. P. Borah, the learned Standing Counsel, Health Department appearing for the respondent Nos. 1, 2 and 3. Mr. R. Borpujari, the learned Standing Counsel, Finance Department appears for the respondent Nos. 4 and 5.
(2.) This is the second time, the petitioners is before this Court. The 2 (two) petitioners were appointed as Museum Keeper under the establishment of the respondent No. 3 w.e.f. 11.01.1993 and 16.08.1991 respectively. On their appointment, they were given the pay-scale of Rs. 930-1735/ P.M. According to the petitioners, the pay scale of Museum Keeper at the time of their appointment was Rs. 1065-2095/- P.M. The petitioners both being matriculate, claim that they should be given the pay-scale of matriculate Museum Keeper like other Museum Keeper in Medical Colleges in the State of Assam w.e.f. the date of their appointment. The further claim of the petitioners is that with the Revision of Pay, 1998 coming into force, they will be entitled to the re-fixation of their pay-scale as well. With such grievance, the petitioners had approached this Court by filing WP(C) No. 2942/2014. This Court after noticing that the pay upgradation of the petitioners was in fact already recommended by the Director of Medical Education, Assam to the Commissioner and Secretary to the Government of Assam, Health & Family Welfare Department disposed the writ petition vide order dated 13.06.2014 directing the Commissioner and Secretary to the Government of Assam, Health & Family Welfare Department to consider the case of the petitioners for their pay up-gradation/re-fixation of their pay in light of the proposal made by the Director of Medical Colleges in Assam.
(3.) Pursuant to the said direction, the respondent No. 3 initiated a proposal to the respondent No. 2 requesting the said authority to get the approval of the Govt. for re-fixation of the pay of the petitioners as per the Revision of Pay, 1998 w.e.f. their joining the respective services. The arrear amount payable to both the petitioners were also indicated.;

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