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 as a Stenographer Gr-III in the Assam Secretariat Administrative Department on 25-06-1983. She was thereafter appointed as Stenographer Gr-II (English) on 29-11-1986. After completing the qualifying period of service and on being successful in the prescribed tests, the respondent No. 1 was appointed as Stenographer Gr-I on 31-03-1992. The private respondent No. 4, in case No. 2ATA/2009, i.e. Smti. Basabi Bhattacharjee, on the other hand, was initially appointed as Stenographer Gr-III on 14-07-1983 and thereafter, as Stenographer Gr-II on 30-09-1985. The respondent No. 4 in Case No. 2ATA/2009 finally came to be appointed as Stenographer Gr-I in the month of September, 1999. However, although the respondent No. 4 in 2ATA/2009 was much junior to the present respondent No. 1 (i.e. the appellant in Case No. 2ATA/2009), yet, the respondent No. 1 was drawing a lesser pay scale than her junior. Noticing such disparity in pay fixation, the respondent No. 1 had submitted a representation before the authorities which was rejected by the communication dated 19-08-2008. Aggrieved thereby, the respondent No. 1 had instituted Case No. 2ATA/2009 before the Assam Administrative Tribunal as appellant.

4. It would be relevant to mention herein that the Govt. of Assam, in the department of Finance (Establishment-A), Dispur, Guwahati had earlier issued an Office Memorandum dated 10-09-1997 providing for equalization of pay of senior Govt. employees or stepping up of pay of senior Govt. employees with juniors by laying down the criteria for doing so. The relevant portion of OM dated 10-09-1997 is extracted here-in-below for ready reference:

“Equalisation of pay of Sr. Govt. Employee or stepping up of pay of Sr. Govt. Employee with Jrs. is admissible on the following cases only. It is therefore, impressed upon all the Administrative Deptt. to examine each proposal carefully and refer to Finance Deptt. only those cases which fulfill the following points:-

1. Both the Sr. & Jr. Govt. Employee whose equalization/ stepping up of pay is proposed should be recruited to the same cadre post initially and should be promoted from the same source.

2. When the disparity is attributed directly due to fixation of pay under FR 22 (I) (a)(1) or under any other provision of the FRs & SRs.

No equalization/ stepping up of pay is admissible in the following cases & no such cases should be referred to Finance Department :-

(i) When the pay of Jr. is fixed with the benefit of Advance increment(s) sanctioned under special orders/ existing provision.

(ii) When the Jr. gets pay protection for services rendered elsewhere prior to joining the present cadre post.

(iii) When the Jr. Govt. Servant promoted to a higher post prior to his Sr. as per special Rules/ Spl. orders, he can not claim equalization with