The main legal point established in the judgment is that the claim for pay protection must be supported by relevant advertisements and that the applicability of specific OMs is crucial in determining entitlement to pay protection.

MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. NH Barbhuiya, learned counsel for the writ petitioner. Also heard Mr. P Nayak, learned Standing Counsel, Finance Department and Mr. D Nath, learned counsel for the respondent Nos. 1, 3 and 5. Mr. RK Talukdar, learned counsel appears for the respondent No.4.

2. The petitioner, who is serving as an Electrical Inspector prays for fixation of his salary on the basis of his last pay drawn in the Regional Engineering College, Silchar, where he worked as Junior Engineer (Electrical) Senior Grade.

3. The petitioner's case in brief is that he was initially appointed as an Engineering Technician Grade-A (Electrical) in the Regional Engineering College on 09.01.1979. Thereafter, he was promoted to the post of Overseer Grade-I which was re-designated as Junior Engineer (Electrical) Senior Grade. The petitioner's service in Regional Engineering College as Junior Engineer was confirmed on 31.08.1987.

4. The Assam Public Service Commission thereafter issued an advertisement No.3/92, dated 06.03.1992, calling for candidates for filling up the post of Deputy Electrical Inspector under the Inspectorate of Electricity, Assam. The pay scale of the said post was Rs. 1835-4325 P.M. The petitioner, thereafter, submitted his application for the post of Deputy Electrical Inspector and in the application form at Serial No.16 it was stated as follows:

"16. If the advertisement contemplates Higher initial pay for specially Qualified and experienced candidates, State the amount of higher initial Pay desired. If not : Pay as per LPC contemplated say "Not Applicable" is to be protected" The petitioner accordingly submitted his application form stating that his pay as per his last pay certificate should be protected.

5. Pursuant to the selection process, the petitioner was placed at Serial No.1 in the merit list for the post of Deputy Electrical Inspector made by the Assam Public Service Commission (APSC in short). Consequent to his recommendation by the APSC, the petitioner was appointed to the post of Deputy Electrical Inspector, on the pay scale of Rs. 1835-4325 pm, vide notification dated 16.11.1993. Thereafter, the post of Deputy Electrical Inspector under the Inspectorate of Electricity, Assam, was re-designated as Electrical Inspector in the existing scale of pay vide notification dated 23.08.1995.

6. The petitioner being aggrieved with the fact that his pay as per his last pay certificate in the Junior Engineering College was not protected by the respondents, filed representations dated 14.06.1994 and 31.10.1996, praying for protection of his last pay drawn in the Regional Engineering College. The petitioner also submitted his last pay certificate issued by the Regional Engineering College to the respondent authorities.

7. The petitioner was thereafter confirmed to the post of Electrical Inspector under the Inspectorate of Electricity, Assam, vide notification dated 03.12.2001 issued by the Under Secretary to the Government of Assam, Power (Electricity) Mines and Minerals Department.

8. As the State respondents had not decided the claim of the petitioner for protection of his pay, as given to him in the Regional Engineering College, he filed WP(C) No.1821 of 2003. WP(C) No.1821 of 2003 was disposed of vide order dated 30.09.2010 as follows:

"The petitioner having claimed the benefit of pay protection, the authority cannot sit over the matter for an indefinite period of time, as has been done in the instant case. The authority is duty bound to decide the said issue, which has not been done till date.

In view of the above, the writ petition is disposed of with a direction to the respondent No.1, namely, the Commissioner and Secretary to the Government of Assam, Power (Electricity) Department, to pass necessary order relating to the grievance of the petitioner for pay protection on his appointment as Deputy Electrical Inspector vide order dated 16th November, 1993. The necessary speaking order in that regard shall b