KHAHINDRA CHANDRA BARUA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE Petitioner Shri Khanindra Chandra Barua joined the Assam Civil Service (Senior) as Extra Assistant Commissioner on 24-4-1930. In 1942 he was appointed the Deputy Commissioner in the district of Nowgong and was paid Rs. 1275/- per month. In March 1946 the Petitioner was the Sub -Divisional Officer at Barpeta. On the 15th August, 1947 he was promoted to the post of Labour Commissioner. The Petitioner was the first person to be selected and appointed as the Labour Commissioner, Assam on the 15th August, 1947. The Petitioner was paid the pay of his grade with Rs. 200/- as his special pay. The Petitioner was appointed the Deputy Commissioner, Goalpara and joined his post as such on the 17th April, 1948. Sri Mallik was appointed the Labour Commissioner and relieved the Petitioner on the 8th April, 1948. It was decided that the post should be treated as a superior post in the I.C.S. cadre and Sri Mallik was paid in the senior I.C.S. scale.

(2.) THE Petitioner has challenged the order of the Government and has contended that according to the circular of the Government of India the Petitioner was entitled to draw pay in the senior I.C.S. scale as he was holding a superior post in the senior I.C.S. scale before the 6th March, 1948 and according to that he was entitled to get a salary of Rs. 1,275/-. The Government of Assam was not right in fixing a fixed salary of Rs. 1270/- for the period he worked as the Labour Commissioner. The Petitioner has urged that when he was working as a Labour Commissioner he held a superior post. In effect he has also claimed refixation of his salary subsequently equivalent to the senior I.C.S. post.

(3.) IN the counter affidavit filed by the Chief Secretary to the Government of Assam it is stated that till the 15th August, 1947 there was no separate post of Labour Commissioner, Assam. There used to be a Controller of immigrant Labour for Assam. This post was held by a senior officer of the Central Government and the said officer used 1950 to discharge the responsibilities of Labour Commissioner for which he was paid a special pay of Rs. 200/- per month. On the 15th August, 1947 the post of Labour Commissioner was separated and a new post was created. At that time no separate pay scale was sanctioned for this post and when the Petitioner was appointed as the Labour Commissioner from 15th August, 1947, he was given his grade pay of Rs. 650/- in the Assam Civil Service plus a special pay of Rs. 200/- per month. On the 1st December, 1947, the Government took a decision for the creation of the whole -time post of Labour Commissioner as a class I post in the Provincial cadre and as the Petitioner had held this post till the 8th April, 1948 the Petitioner was appointed to hold Anr. class I post in the State Government.