JUDGMENT :

This intra-Court appeal is preferred by the appellants/writ petitioners for assailing the judgment and order dated 21.09.2021 passed by the learned Single Bench in WP(C) No.6961/2018.

2. The case in hand has a chequered history. The appellants/writ petitioners were selected and appointed in different categories of Grade-III and Grade-IV posts and were provided postings in various Fast Track Courts across the State of Assam. However, since there was no encadrement of posts for the Fast Track Courts, the appellants were not granted regular pay scale.

3. Few of the appellants, filed WP(C) No.5153/2010 praying for regularization of their services. The said writ petition filed by those litigants came to be rejected by this Court vide order dated 20.12.2012, which was assailed by filing SLP(C) No.12560/2013 before the Hon’ble Supreme Court. However, finding that the issue relating to fixation of pay scale equivalent to the pay scale being offered to regular employees, was neither raised nor considered by the High Court, the SLP was dismissed vide order dated 20.12.2012 giving liberty to the litigants therein to approach the High Court by way of a review petition. Consequently, Review Petition No.82/2013 came to be filed in this Court, wherein, an offer of settlement was extended by the State Government and accordingly, the Review Petition came to be disposed of with the following directions:-

“We, therefore, having regard to the acceptance of condition nos.(i) & (ii) of the offer of settlement, direct the State Government as under:-

That the services of 8 petitioners mentioned above will not be dispensed with (but for disciplinary action) by the State Government till they attain the age of superannuation and that they shall be paid minimum wages of the regular pay scale from March, 2017 onwards.”

4. In addition to the above direction, the petitioners therein were also given liberty to make a representation to the State Government for extending the benefit of pension and for counting their past services for computation of pensionary dues and also for grant of medical benefits during the period they remained in service. The petitioners thereupon, submitted representations dated 30.05.2017 and 05.08.2017. The Judicial Department, Government of Assam, passed a speaking order dated 11.05.2018 with reference to the representation dated 30.05.2017, which indicates that after consultation with the Pension and Public Grievances Department and the Finance Department, the claim of the petitioners for being extended benefit of the Assam Services (Pension) Rules, 1969 could not be acceded to.

5. It was further indicated that pursuant to the directions given by this Court in another case, a Committee was constituted to examine the issue of granting benefits of health, accidental and insurance schemes. The names of the petitioners were also submitted to the Committee for appropriate recommendation. However, as no favourable decision came forth, the petitioners instituted captioned WP(C) No.6961/2018 raising various grievances, of which the substantial prayer is to include various allowances attached to basic pay being granted to the petitioners i.e. Dearness Allowances, House Rent Allowances and Medical Allowances. The petitioners claim in the writ petition that they are entitled to these allowances as wage would mean basic pay plus the applicable allowances. It was further submitted that the duties and responsibilities discharged by the petitioners are at par with their counterparts in the department and therefore, any disparity in the matter of wages suffered with the vice of discrimination. Reliance in support of the relief claimed for was placed by the petitioners on the judgment rendered by Hon’ble Supreme Court in the case of State of Punjab &Ors. Vs. Jagjit Singh & Ors., (2017) 1 SCC 148

6. The respondent State counsel also placed reliance on the judgment in the case of Jagjit Singh (supra) and urged that by virtue of the observations m