Decided on February 08,1968

Rukmlni Lal Acharjee Appellant
STATE OF ASSAM And ORS. Respondents


- (1.) THIS is a petition under Article 226 of the Constitution, which has been filed before this Court under the following circumstances:
(2.) THE Petitioner Sri Rukmini Lal Acharjee applied for the post of the Principal, Cottage Industries Training Institute, Gauhati in response to an advertisement calling for applications for the post. It appears that the advertisement indicated that the minimum qualification for the post would be graduation in Engineering. On the date of his application, the Petitioner was not qualified as a graduate in Engineering. As apparently, there was a paucity of applicants and no suitable candidate was available except the Petitioner, the Government in the circumstances relaxed the minimum educational qualification for the post and appointed the Petitioner, notwithstanding the circumstance that he was not a graduate. The post of the Principal carried a grade of Rs. 200 -200 -220 (Conf.) -20 -400 -(E. B.) -25 -600 per mensem. The Petitioner had put in a number of years service in the appointment and was drawing pay in that grade. Subsequently the first Pay Committee was appointed, which gave its report but this report did not cover the post of the Principal of the Cottage Industries Training Institute, Gauhati. Later on, however, the Government of Assam issued a notification dated 17 -2 -60 fixing two separate scales for the post of the Principal. The first one was the scale which was originally in force when the Petitioner was appointed and the second one was a revised scale of Rs. 225 - 20 -425 -EB -25 -600 with the qualification that this was for holder of a degree in Engineering. After this, the Petitioner was refused to he - paid the revised scale of Rs. 225 to Rs. 600 mentioned above, on the ground that he was not an engineering graduate. The Petitioner contended that as he had been accepted as suitable for the post after relaxation of the minimum qualification and as at that time there was only one grade, any revision of that grade should go to his benefit.
(3.) SUBSEQUENTLY , the second Pay Committee gave its report sometime in 1964 and the Government granted the revised scales of pay to the employees under the State Government of Assam as a result of this Pay Committee's report. In the 1964 revised scales of pay granted by the Government, there is an entry with regard to the post of the Principal, Cottage Industries Training Institute, with which we are now concerned in this case. The entry occurs at page 104 of 'Resolution on the Report of the Assam Pay Committee, 1964 and the Assam Services (Revision of Pay) Rules, 1964 with Schedule' published by the Government of Assam and is as follows: - At page 8 of the above -mentioned Government. publication granting 1964 revised scales of pay to the State Government employees the expression existing scale has and when the state Government revised been defined as follows: - existing scale means the scale of pay applicable to a Government servant in respect of the post held by him in a sub Sanative or officiating capacity on the date on which he is, under these rules, entitled to draw pay in the revised scale. On the ground that the Petitioners charge of his duties. existing scale was only Rs. 200 -200 -220 Rs. 225 -20 -425 -EB -25 -600, the scale revised under the Government Notification dated 17th February, 1960 the Petitioner was refused payment of salary under the 1964 revised scale of pay. The contention of the Government is that as the revised scale only applied to the persons drawing pay in the existing scale and as the Petitioner was not being paid in the scale shown as the existing scale in the report the Petitioner could not be paid according to the 1964 revised scale.;

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