Back
2022 Supreme(Gau) 1363
IN THE HIGH COURT OF GAUHATI
KALYAN RAI SURANA, J.
Jiten Kr. Das – Appellant
Versus
State of Assam – Respondent
W.P. (C) No. 249 of 2019
Decided On : 23-05-2022
Advocate Appeared:
R. Sarma, B.K. Bhattacharjee, D. Bora, A. Chaliha.
The discretion of the State Executive in fixing pay levels for different sets of employees and the deference of the court to the judgment of the administrative/executive in matters of pay disparity and pay parity.
Headnote:
Pay Disparity - Discrimination in Pay Structure - RoP, 1998, RoP, 2010 - The court discussed the discrimination in pay structure for Officer-in-charge of different cultural centres and Officer-in-charge of District Museum under the Directorate of Cultural Affairs, Assam. The court highlighted the classification based on educational qualifications and the discretion of the State Executive in fixing pay levels for different sets of employees. The court emphasized that the decision of the Government to have different pay for the petitioners was not arbitrary or discriminatory.
Fact of the Case:
The petitioners, appointed in the Directorate of Cultural Affairs, Assam, claimed discrimination in pay structure compared to Officer-in-charge of District Museum. They argued that the disparity violated Article 14 of the Constitution of India.
Finding of the Court:
The court found that the issue of pay disparity and pay parity fell within the domain of the Executive. It deferred to the judgment of the administrative/executive unless the decision was clearly violative of some statute or shockingly arbitrary. The court emphasized the classification based on educational qualifications and the discretion of the State Executive in fixing pay levels for different sets of employees.
Issues: The issues revolved around the alleged discrimination in pay structure, violation of Article 14 of the Constitution of India, and the discretion of the State Executive in fixing pay levels for different sets of employees.
Ratio Decidendi: The court held that the decision of the Government to have different pay for the petitioners was not arbitrary or discriminatory. It emphasized that the issue of pay disparity and pay parity fell within the domain of the Executive, and the court should defer to the judgment of the administrative/executive unless the decision was clearly violative of some statute or shockingly arbitrary.
Final Decision: The writ petition was dismissed, with no order as to cost. The court clarified that the dismissal of the petition should not be a bar for the Directorate of Cultural Affairs, Assam, to make a request to the appropriate authorities for placing the matter regarding pay of the Officer-in-charge of different cultural centres before the Pay Commission for its consideration. The court also clarified that the dismissal of the petition should not prejudice the petitioners while the Pay Commission takes its call on such request, if any.
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Dr. R. Sarma, learned counsel for the petitioners. Also heard Mr. D. Bora, learned Govt. Advocate appearing for respondent nos. 1 and 3 and Mr. A. Chaliha, learned standing counsel for the respondent no. 2.
2. The case of the petitioners is that they were appointed in the establishment of the Directorate of Cultural Affairs through a selection process initiated by the Assam Public Service Commission (APSC). At present, the petitioners are holding the post of Cultural Development Officers (earlier designated as “Officer-in-charge”), under the Cultural Affairs Department, Govt. of Assam. By referring to the Revision of Pay Rules (RoP for short), 1998, it is projected that the Officer-in-charge of various cultural centres were earlier drawing pay-scale of Rs.620.0025-745-EB-30-895-EB-35-1315, which was revised to pay-scale starting from Rs.1375.00. The same pay scale was payable to Officer-incharge, District Museum under the Directorate of Museum, Assam as per RoP, 1990. However, as per the RoP, 1998, the Officer-in-charge of different cultural centres under the Directorate of Cultural Affairs, Assam were entitled to payscale commencing from Rs.3580.00, which is same that was being paid to the Officer-in-charge, District Museum under the Directorate of Museum, Assam. However, by a notification dtd. 19/3/2002, the Govt. of Assam had given payscale starting from Rs.4390.00 to the post of Officer-in-charge, District Museum.
3. The grievance of the petitioners is that similar pay enhancement/ refixation were not done for the post of Officer-in-charge of different cultural centres. Accordingly, it is submitted by the learned counsel for the petitioners that there has been a discrimination against the petitioners by denial of pay parity. Referring to the RoP, 2010, it has been submitted that while the officer-in-charge of different Cultural Centres under the Directorate of Cultural Affairs, Assam have been given revised pay structure of Pay Band-2, of Rs.5200.0020200 with Grade Pay of Rs.2800.00, the Officer-in-charge, District Museum under the Directorate of Museum, Assam have been given revised pay structure of Pay Band-4, Rs.12000.00 40000 with Grade-Pay of Rs.5400.00. Accordingly, the learned counsel for the petitioners has submitted that pay disparity was created for the first time after the RoP, 2010 was given effect to.
4. It is projected that pursuant to disparity in the pay structure, the All Assam Officer-in-charge Association of the Directorate of the Cultural Affairs, Assam has submitted various representations. However, although the issue was raised before the Anomaly Committee, which was set up to examine the anomalies, if any, in the recommendation of the 7th Assam Pay and Productivity Pay Commission (7th APPPC for short), the said Committee in its reports of 2017, merely requested the Appointing Committee of the Administrative Department that they may examine the claim in consultation with the Finance Department. It is submitted that by communication dtd. 7/8/2020, the Joint Secretary to the Govt. of Assam, Cultural Affairs Department had instructed the Directorate of Cultural Affairs, Assam that the Finance (PRU) Department had expressed their inability to consider the proposal regarding pay structure of Cultural Development Officers under the Directorate of Cultural Affairs, Assam in the absence of any specific recommendation of 7th APPPC and Anomaly Committee, 2017 and accordingly, the said authority was requested to place the matter before the next Pay Commission after the service rules are finalised.
5. The learned counsel for the petitioners has submitted that as the Officer-in-charge of various cultural centres were previously drawing same payscale as was being drawn by their counterpart in the Directorate of Museum, who were previously designated as Officer-in-charge, District Museum, but the Officer-in-charge of District Museum are now being granted revised pay which is subst
