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2023 Supreme(Gau) 39

DEVASHIS BARUAH
Nirab Chandra Adhikary, S/o. Sri Tarini Mohan Adhikary – Appellant
Versus
Union Of India, Rep. by The Secretary, Deptt. Of Science And Technology, Govt. Of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. F. Khan.
For the Respondents: Mr. S.S. Roy, Mr. J.K. Goswami, Mr. R.Borpujari, Mr. S.Bhuyan, Mr. D. Gogoi.

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 th

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