Heard Mr. T. N. Srinivasan, learned counsel for the petitioner and Mr.M. R Adhikary, learned Additional Senior Government Advocate appearing on behalf of the State respondent Nos. 1 and 2.

2. The petitioner is an association of the personnel under the Geological Wing of the Directorate of Geology and Mining, Government of Assam and it had been formed and recognized under Rule-23 of the Assam Services (Conduct) Rules, 1965.

3. It is stated that the organizational structure of the Directorate of Geology and Mining consists of four different wings (1) Geology, (2) Chemistry (3) Drilling and (4) Mining and each of the wing have different qualifications and experience for their respective disciplines. The minimum required qualification at the entry point of the four wings are as follows:-

4. According to the petitioner, it is noticeable that for the Geology wing, the minimum entry qualification is a master degree in the relevant subject or a master degree in technology, whereas in case of the other wings, the minimum required qualification is a bachelor degree. It is also the case of the petitioner association that the Geology wing is the primary wing in the Directorate, whereas the other wings are supportive wings to work along with the Geology wing.

5. The issue involved in this writ petition flows from certain preliminary facts and it is stated that as per the recommendation of the Assam Pay Commission, 1973, the prescribed scale of pay was higher in respect of the Geologists, whereas it was comparatively lower for the Senior Chemist of the Chemistry Wing. But the Assam Pay Commission of 1979 while revisiting the pay structure had brought the pay scale of Geologist and Senior Chemist at per even though the minimum entry qualification were different for both the wings. Subsequently, the Assam Pay Commission of 1988, in its report, which was published in the year 1990, had recommended a higher scale to the Senior Chemist and correspondingly lower scale of pay was recommended for the Geologist. Subsequent thereto the Assam Pay Commission of 1994 had recommended a pay structure whereby the maximum pay prescribed, were at disparity with each other. Consequently, the Officers in the Geology Wing had preferred a writ petition before this Court, which was numbered as CR No.4494/1994 and disposed of by the order dated 16.11.1994 by providing that the Assam Pay Commission, 1994 would go into the grievances raised on behalf of the Geology Wing. Subsequently, the present petitioner had preferred another writ petition being WP(C) No.4816/2000, inter-alia seeking for a direction from the Court for a parity of pay with that of Senior Chemist. During the pendency of the said writ petition, an Expert Committee was constituted by the Government of Assam by notification dated 27.03.2006 to decide upon the issue of pay parity between the personal in the Geology Wing and that of the Chemistry wing in the Directorate of Geology and Mining. Accordingly, this Court by its order dated 15.06.2006 in WP(C) No.4816/2000 had provided that the writ petition stood closed with a direction that the Committee constituted by the Notification dated 27.03.2006 shall submit its report to the said Government within the prescribed period and thereafter the State Government shall take a final decision in the matter within the next two weeks.

6. In the aforesaid facts and circumstances, the Expert Committee constituted by the Notification dated 27.03.2006 had submitted its report, which is available as Annexure-9, page-47 to the writ petition. The Ex