STAFF REPORTER
GUWAHATI: A division bench of the Gauhati High Court reversed the judgement issued by a single-judge bench of the High Court on September 9, 2021, and set aside the speaking order issued by the judicial department, Assam, on May 11, 2018, both denying the appellants, all grades III and IV employees of various fast-track courts across the state, pay-scale allowance benefits.
A few of the appellants filed a WP(C) (5153/2010) praying for regularization of their services. The said writ petition filed by those litigants came to be rejected by this Court in an order issued on December 20, 2012, which was assailed by filing SLP(C) (12560/2013) before the Supreme Court. However, finding that the issue relating to the fixation of a pay scale equivalent to the pay scale being offered to regular employees was neither raised nor considered by the High Court, the SLP was dismissed in order on December 20, 2012, giving liberty to the litigants to approach the High Court by way of a review petition. Consequently, Review Petition (82/2013) came to be filed in this Court, wherein an offer of settlement was extended by the State Government, and accordingly, the Review Petition came to be disposed of with the directions that the services of eight petitioners will not be dispensed with (but for disciplinary action) by the State Government till they attain the age of superannuation and that they shall be paid minimum wages of the regular pay scale from March 2017 onwards.
In addition to the above direction, the petitioners therein were also given liberty to make a representation to the State Government for extending the benefit of pension and for counting their past services for the computation of pensionary dues and also for the grant of medical benefits during the period they remained in service. The petitioners thereupon submitted representations on May 30, 2017 and August 5, 2017. The Judicial Department, Government of Assam, passed a speaking order on May 11, 2018 with reference to the representation on May 30, 2017, which indicates that after consultation with the Pension and Public Grievances Department and the Finance Department, the claim of the petitioners for being extended the benefit of the Assam Services (Pension) Rules, 1969 could not be acceded to.
The bench said, “It is not in dispute that those from the petitioners who are holding Grade-IV posts have already been extended the benefit of the minimum pay scale as well as allowances attached thereto by virtue of the State Government’s notification of March 8, 2019. Hence, excluding the remaining petitioners and appellants who are serving against Grade-III posts and denying them the benefit of allowances attached to the minimum pay scale would be nothing short of hostile discrimination and is clearly violative of the fundamental rights enshrined under Articles 14 and 16 of the Constitution of India.
“As a consequence, the appeal deserves to be accepted. The impugned judgement dated September 21, 2021, is hereby reversed, and, as a consequence, the speaking order dated May 11, 2018 is set aside. It is directed that those of the appellants who have not been granted the benefit of allowances even though they are drawing a minimum pay scale shall also be afforded the allowances in accordance with the pay scale. “These financial benefits shall accrue to the appellants from the date the review petition was decided, i.e., January 23, 2017”.
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