Denial of encadrement of a post to an employee, while similarly situated employees are encadred, is discriminatory and violative of the fundamental rights guaranteed under Articles 14 and 16 of the Constitution.

S. K. Homchandhuri, J.—

This writ petition is directed against denial of the right of encadrement of the post held by the petitioner in the Junior Industries Service Grade-II along with Inspecting Accountants, who are similarly situated in the Directorate of Industries, Assam and were encadred in that service with effect from 15.11.1975, and denial of consequential benefits thereof.

2. The petitioner was originally appointed as Lower Division Assistant in the Directorate of Industries with effect from 11. 11. 1954. He came to be promoted as Upper Division Assistant on 17. 4. 1967. While working as such, the petitioner underwent training in Accounts in the office of the Accountant Genera], Shillong. On 28. 4. 1967, the petitioner alongwith four others were interviewed for the post of Inspecting Accountant. The petitioner secured second position and was selected. The post of Inspecting Accountant was an ex-cadre post. In the meantime, an equivalent post of Divisional Accountant with identical pay scale of Inspecting Accountant was created. The petitioner was appointed and posted as Divisional Accountant in the Central Workshop, Industrial Estate while the other incumbents who were similarly interviewed were posted as Inspecting Accountant under the Directorate; of Industries. The posts of Inspecting Accountant and the Divisional Accountant were ex-cadred posts. The Third Pay Commission of 1973 in its report recommended for encadrement of the posts of Inspecting Accountant and Divisional Accountant as follows:

"Account Service - Except the senior Cost Accountant for whom the Commission recommended the corresponding revised pay scale of Rs. 1150/- to Rs. 1675/- and who has got special training qualification of Cost Accountancy, the other posts may be encadrement (sic) in the corresponding grade of Assam Financial Service/Subordinate Accountants Service."

The aforesaid recommendation was accepted by the Government and while accepting the recommendations, it stated as follows s

''The Commission has made a number of recommendations relating to certain important re organisation in the case of some service/cadres and these recommendations have been approved by Government. The concerning Government Departments should immediately implement these recommendations in consultation with Appointment and Finance (Pay Commission) Department".

3. In giving effect to the aforesaid recommendations, the Directorate of Industries, Government of Assam, by Notification dated 15.11.1975 encadred the post of Inspecting Accountant in the Junior Industries Service (Non-Technical) Grade-II, with effect from the date of notification, but left out the equivalent post of Divisional Accountant. This led the petitioner to file several representations, but it bore no fruit. In the meantime Fourth Pay Commission of 1979 came out and it made similar recommendation for encadrement of the post of the Divisional Accountant to the suitable grade of the Department. The petitioner again filed representation but it evoked no response. Being aggrieved the petitioner approached the Assam Admini­strative Tribunal who by order dated 29.11.86 passed in Case No. 114/86 disposed of the appeal with the direction to the Industries Department to dispose of the pending payers of the petitioner with a speaking order. As a consequence of the aforesaid order of the Tribunal, the Joint Director (General), Directorate of Industries, Assam, recommended the encadrement of the post of Divisional Accountant in the cadre of Junior Industries Service (Non-Technical) Grade II, but the Government did not pass any order on the basis of the same. The petitioner again approached the Assam Administrative Tribunal and this time his appeal was registered as Appeal Case No. 11 AT A/ 88. The learned Tribunal by its judgment and order dated 19. 3. 88 partially allowed the appeal and directed that the petitioner's post be encadred with effect from the recommendation of the Fourth Pay Commission, 1979. Not getti

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