T. Nandakumar Singh, J.

1. Heard Mr. Somik Deb, learned Counsel appearing for the Petitioner. Also heard Mr. A. Lodh, learned Addl. S. G. appearing for the Respondent-5, Mr. S. M. Chakraborty, learned senior counsel appearing for the Respondents-1 and 2 and Mr. S. Chakraborty, learned Addl. G. A. for the Respondent No. 3.

2. Sans unnecessary details, concise facts leading to the filing of the present writ petition is recapitulated; the Petitioner is now working as Assistant Registrar in the Gauhati High Court, Agartala Bench. The Petitioner initially joined Government service under the Department of P & T, North East Circle, Shillong as Stenographer Grade II in the pay scale of Rs. 1400-2300 pm; while working in the above pay scale, Petitioner proceeded on deputation on 3.2.86 as Stenographer Grade-C in the office of the Central Administrative Tribunal (for short CAT) with deputation allowance @ 20%. While rendering his service as Stenographer Grade-C in the CAT, he was promoted as Stenographer Grade-B, which is a gazetted post, with effect from 04.11.1986.

3. While serving as Stenographer Grade-B (Gazetted Post) having the pay scale of Rs. 2000-3200/- pm; even though the Petitioner was otherwise entitled to the said pay scale, his pay was fixed at Rs. 1700/- p.m. on the premise that he was on Foreign Service. While working in the CAT as Gazetted Officer holding a lien to his substantive post in the P& T department, North East Circle, Shillong, Petitioner applied for the post of Stenographer Grade-I under the Gauhati High Court [High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh (for short High Court)]. Petitioner and others faced the recruitment test for the said post of Stenographer Grade-I under the Gauhati High Court and he was selected for the post of Stenographer Grade-I in the pay scale of Rs. 1125-1775/- p.m. By notification dated 12.6.87 issued by the Registrar (Judicial) of the Gauhati High Court, Petitioner was appointed to the said post of Stenographer Grade-I and thereon a request was made by the High Court to his parent department, i.e. P&T North East Circle, Shillong to release the Petitioner so as to enable him to join as Stenographer Grade-I in the Gauhati High Court.

4. Upon the said request tendered by the new employer, i.e. Gauhati High Court, the Petitioner was released from his department and joined as Stenographer Grade-I. When the Petitioner was allowed to join as Stenographer Grade-I, there was a condition that Petitioner can revert back to his parent department, i.e. P&T, North East Circle, Shillong, within a period of two years lien. During the subsistence of lien period, the Petitioner was orally assured by the High Court that his pay in the parent department, i.e. P & T North East Circle, Shillong would be protected consequent whereupon the Petitioner joined as Stenographer Grade I in the Gauhati High Court.

5. The Deputy Registrar (A/Cs & Apptt), Gauahti High Court, Gauhati under his letter being No. HC. VIII/76/3153/AC, Gauhati the 26th February 1988 requested the Deputy Secretary to the Government of Assam, Finance Department, for fixation of the pay of the Petitioner as Stenographer Grade-II. In that letter dated 26.2.88 it was clearly mentioned that FR 22C (since repealed), now FR 22(1)(a) (I) provides where a Government servant holding a post, in a substantive or temporary or officiating capacity, is promoted or appointed in a substantive, temporary or officiating capacity to another post carrying duties and responsibilities of greater importance than those attached to the post held by him, his initial pay in the time scale of higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment at the stage at which stage such pay has accrued and also that when a Government servant is appointed to a post under the Central Government and post carries duties and responsibili