JUDGMENT :

1. Heard Mr. F.Khan, the learned counsel appearing on behalf of the petitioner. Mr. S.S.Roy, the learned counsel appears for the respondent Nos. 1 and 3, Mr. J.K.Goswami, the learned counsel appears for the respondent No.2,Mr. R.Borpujari, the learned counsel appears for the respondent No.4, Mr. S.Bhuyan, the learned counsel appears for the respondent No.5 and Mr. D.Gogoi, the learned counsel appears for the respondent No.6, the Finance Department.

2. The instant writ petition has been filed by the petitioner challenging the action of the respondent authorities for not granting the pay protection to the petitioner w.e.f March, 2009 as well as for a direction upon the respondents to fix the petitioner’s pay scale and grade pay w.e.f March, 2009 in pay band-3 and give pay scale of Rs.15,600-39,100/-along with the grade pay of Rs.5,400/-. Further to that, the petitioner has also prayed for an arrear salary dues in the revised pay scale of Rs.15,600-39,100/- and grade pay of Rs.5,400/-.

3. The facts of the instant case is that the petitioner pursuant to a regular selection process was appointed as a Senior Research Assistant vide an Office order dated 08.10.2002, issued by the Registrar of the Institute of Advance Study in Science and Technology (for short IASST). The pay scale of the petitioner upon his appointment was Rs.4,390-90-11,425/-per month. The petitioner continued to discharge his service. In the meantime, on 09.03.2009, the IASST was taken over by the Ministry of Science and Technology, Government of India, as one of the Autonomous Research and Development Institute. Upon the taking over of the institute by the Government of India, the petitioner became a Central Government employee of IASST and his post was re-designated as Technical Officer-B.

4. At this stage it may be relevant herein to mention that pursuant to the recommendation made by the 6th Central Pay Commission and subsequent to the Cabinet approval and decision taken by the Government of India, the 6th Central Pay Commission was decided to be implemented w.e.f 01.01.2009. Under such circumstances, the petitioner whose pay scale was Rs.4,390-90-11,425/-at the time of his appointment was fixed at Rs.9,300-34,800/-w.e.f March, 2009 in Pay Band-2 with grade pay of Rs.4,800/-. It is also relevant herein to take note of that, in the Central Civil Services Revised Pay Rules, 2008, there was no exact pre-revised scale of Rs.4,300-90-11,425/-. However, equivalent to the said pre-revised scale under the Central Civil Services Revised Pay Rules, 2008 was Rs.7,500-250-12,000. Taking into account that the petitioner fell within the revised pay scale of 7,500-250-12,000/-, the petitioner’s pay was fixed at Rs.9,300-34800/- with grade pay of Rs.4,800/-.

5. The petitioner accordingly enjoyed the pay scale of Rs.9,300-34,800/-with grade pay of Rs.4,800/-. Subsequent thereto, the Assam Services (Revision of Pay) Rules, 2010 (for short the Rules of 2010) was notified by the Notification dated 04.02.2010. In terms with Rules 1(b) of the said Rules of 2010, the said Rules were deemed to have been brought into force w.e.f 01.01.2006. Appendix-IV of the said Rules of 2010 stipulated, the revised structure at Sl. No.21 of Appendix-IV, the pay scale of Rs.4,390-90-11,425/-was revised to Rs.12,000-40,000 /- with a grade pay of 5,400/-.

6. Accordingly, in terms with the Rules of 2010, the petitioner who was in service of the State Government till 09.03.2009 became entitled to the revision of pay till 9th of March, 2009 w.e.f 01.01.2006 in terms with the Rules of 2010, by which the petitioners salary was increased in the pay band of Rs.12,000-40,000/-with grade pay of Rs.5400/-. However, in view of the fact that the petitioner’s pay band w.e.f. 09.03.2009 as an employee of the Central Government was reduced to Rs.9,300-34,800/-with grade pay of Rs.4800/-.The petitioner being aggrieved have approached this Court under Article 226 of the Constitution of India. It is also the c