H.N. Sarma, J.

1. The dispute raised in these Civil Rules having been referred to the Division Bench it was noticed that there are two sets of conflicting decisions on the points involved in W.A. No. 115/2001, W.A. No. 185/2002 and W.A. No. 3/99 on the one hand and another decision of the Co-ordinate Division Bench, reported in 2004 (1) GLT 5 (Golap Ch. Chetia v. Assam Administrative Tribunal and Ors.) The Division Bench formulated the following points for resolution of the conflict:

a) Whether or not the employee simply holding the higher post without any appointment to the higher post will be entitled to get the pay scale attached to the higher post?

b) Whether or not the incumbent holding the higher post on incharge basis under an order containing specific conditions that it would be without extra remuneration will be entitled to get pay scale attached to the higher post?

c) Whether or not the incumbent who had been delegated the power of higher post without any order for appointment to the higher post will be entitled to get any scale attached to the higher post?

Accordingly, to resolve two conflict the matter has been referred to this Full Bench.

2. In order to appreciate th