JUDGMENT :

1. Heard Mr. AR Sikdar, the learned counsel appearing on behalf of the petitioner and Mr. KC Gogoi, learned counsel appearing on behalf of the respondent Nos. 1, 2 and 3 and Mr. B Gogoi, learned counsel appearing on behalf of the respondent No. 4.

2. The instant writ petition has been filed by the petitioner seeking a writ of certiorari for setting aside and quashing the order dated 07.08.2019 issued by the Secretary to the Government of Assam, Higher Education (Technical) Department and for a writ of mandamus directing and commanding the respondents to grant AICTE pay scale to the petitioner w.e.f. the date of joining as the Assistant Project Engineer (APE) under the Community Polytechnic on 08.04.1996; to pay the arrear salary w.e.f. the date of joining till November, 2007, i.e., the date of granting of the AICTE pay scale to the petitioner as well as to grant the financial benefit of the career advancement under the AICTE pay revision scheme provided under Clause 8 and 9 of the AICTE notification dated 30.12.1999 and after deduction of the salary received by him as per the State pay scale.

3. The brief facts of the instant case is that the Government of Assam in its Education Department had issued a communication dated 28.02.1987 whereby the sanction of the Governor of Assam was conveyed to the creation of various temporary posts for Nagaon Polytechnic under the Community Polytechnics Scheme in the scale of pay shown against each plus other allowances as admissible under Rules up to 28-02-1987 w.e.f. the date of entertainment or from the date of issue of this sanction whichever is later. In the similar manner, another communication was issued on 28.02.1987 for the creation of temporary posts for Silchar Polytechnic under the Community Polytechnics Scheme. Amongst, the various posts whereby the sanction was granted there were posts of the Project Engineer as well as the Assistant Project Engineer. It is relevant to take note of that for the post of Assistant Project Engineer the scale of pay was Rs. 1125-50-1375-EB-60-1975/-per month, provided the post is equivalent to the post of Lecturer (i) in status qualification and having the same mode of recruitment as in the case of Lecturer in Polytechnic.

4. It appears on record that the petitioner herein was appointed on the recommendation of the Assam Public Service Commission (APSC) as the Assistant Project Engineer and posted at Silchar Polytechnic in the scale of pay of Rs. 2275-60-2395-90-2275-EB-100-3575-125-4450/-per month and other allowances as admissible under the Rules w.e.f. the date of taking over charge. It appears from the records that the post of Assistant Project Engineer was abolished and the petitioner was adjusted and posted as Lecturer of Mechanical Engineering Department at Prince of Wales Institute, Jorhat in the vacant post w.e.f. 01.01.2007 in the scale of pay of Rs. 15,600 – 39,100 with grade pay of 5,400 and other allowances as admissible. By the notification dated 28.01.2013, it was further made clear that the petitioner was allowed to draw his arrear salary w.e.f. 01.11.2007 subject to availability of the fund. The petitioner thereupon on 04.02.2013 joined as Lecturer in Mechanical Engineering Department at Prince of Wales Institute, Jorhat.

5. It appears from the records that the petitioner had instituted a writ petition before this Court, which was registered and numbered as WP(C) No. 6403/2013 wherein it was the case of the petitioner that the petitioner was entitled to the AICTE scale of pay w.e.f. the date of his initial appointment on 25.03.1996 for which the petitioner had submitted various representations before the Commissioner and Secretary to the Government of Assam, Education (CTM) Department on 21.09.2000, 25.06.2004 and 25.04.2005. However, the petitioner was not granted the benefit for which the writ petition was filed. This Court vide an order dated 17.05.2019 disposed of the said writ petition with a direction to the Princip