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SUMAN SHYAM
State Of Assam Rep. By The Commissioner And Secy. – Appellant
Versus
Swapna Dutta, W/O Sri Siddhartha Dutta – Respondent
JUDGMENT :
Heard Mr. D. Mazumder, learned Addl. Advocate General, Assam assisted by Ms. S. Nath, learned counsel for the writ petitioner. Also heard Mr. S.K. Ghosh, learned counsel appearing for the respondent No. 1 as well as Ms. P. Swargiary, learned standing counsel appearing for the newly impleaded respondent No. 2, i.e. A.G. (A&E), Assam.
2. By filing this writ petition, the State of Assam represented by the Secretary to the Govt. of Assam, Secretariat Administrative Department (SAD), has approached this Court assailing the judgment and order dated 04-05-2010 passed by the learned Assam Administrative Tribunal in case No. 2ATA/2009 whereby, the learned Tribunal had allowed the petition filed by the respondent No. 1 herein and has directed the State to step up the pay of the respondent No. 1 in the scale of 5725-11825 (pre-revised as on 16-09-1999) to the stage of pay drawn by the respondent No. 4 therein as on 16-09-1999 and thereafter, revise the pay of the respondent No. 1 (appellant) accordingly. The arrear amount due to her upon such revision of pay was also directed to be released.
3. The facts of the case, in a nutshell, are that the respondent No. 1 was initially recruited
Selection process was not culminated with the appointment of candidates and at the time challenge was made, only the select list of candidates recommended by Commission was prepared and no appointmen....
Promotees entitled to direct recruit entry pay if recruitment rules provide for direct recruitment, correcting pay anomaly.
The main legal point established in the judgment is that statutory rules, such as the RoP Rules, 2017, have primacy over administrative orders/executive instructions, and the Government and all other....
The main legal point established in the judgment is that the nature of appointment, whether through direct recruitment or transfer of service, determines the applicability of pay protection based on ....
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