Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department, for respondents No.1 and 3 and Mr. B. Gogoi, learned standing counsel, Finance & Taxation Department, for respondent No.2.

2. By instituting this petition, the petitioner association representing the Senior Assistants, prayed for a direction to provide the benefit of revised scale of pay in the Pay Band of Rs.7170/- per-month as provided to the other similarly situation employees under the Assam Services (Revision of Pay) Rules, 2010 (hereinafter referred to as ROP Rules, 2010). Challenged is also made to the impugned letter dated 08.08.2017 issued by the Under Secretary, Finance (PRU) Department, whereby the claim of the petitioner has been rejected stating, inter-alia, that the notification dated 28.07.2010 was issued for 15 grade pays which are meant for direct recruits appointed on or after 04.02.2010 allowing multiplying factor of 1.86 as the post of Senior Assistant being promotional post and secondary scale and as such the petitioners who have appointed on 01.01.2013 will not get the benefit of multiplying factor of 1.86 in terms of the notification dated 28.07.2010.

3. The petitioner is a registered association in the name of Assam Newly Provincialised College Employees Association represented by its Secretary. The members of the petitioner association are the Senior Assistants, Junior Assistants and Library Assistants of various provincialised colleges in the State of Assam and they are serving in the various degree colleges of Assam. The services of the members of the petitioner association were provincialised w.e.f. 01.01.2013 and 14.08.2013 respectively under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2010 as amended in 2012. It is projected that at the time of provincialislation of the members of petitioner as Senior Assistants, their scale of pay has been fixed at Rs.5200 - 20,200/- plus Grade Pay 2900/-. Prior to the revision of pay under the ROP Rules, 2010, the scale of pay payable to the Senior Assistant plus other admissible pay were Rs.3850/- Basic Pay and Rs.2400/- Grade Pay. After the revision, the scale pay with other admissible pay was Rs.7170/- Basic Pay and Rs.2900/- Grade Pay. According to the petitioner, the Senior Assistants who were in the basic pay of Rs.3850/- are entitled to revision of pay of Rs.7170/- per-month. It is contended that the other Senior Assistant of provincialised colleges earlier are being paid the basic pay of Rs.7170/-.

4. It is the contention of the petitioner that although the services of Senior Assistant, Library Assistant and Junior Assistant who are the members of the petitioner association have been provincialised but the respondents are paying the basic pay of Rs.5200/- uniformly to all plus other admissible Grade Pay. It is contended that as per the Assam Pay Commission, 2008, the fitment benefit has been provided and also are being paid to other similarly cadre of employees under the ROP Rules, 2010. But the same has not been provided to the members of the petitioner association, although their services have been provincialised.

5. It is the contention of the petitioner that the Junior Assistant, Library Assistant and Assistant Librarian are getting the same scale of Basic Pay i.e. Rs.5200/- only, though the post of Senior Assistant is higher post than the Junior Assistant etc. Therefore, the Senior Assistants are entitled to higher scale of pay as per ROP Rules, 2010. However, due to wrong fixation of their pay scale, the Senior Assistants are being deprived of their legitimate dues and the similarly situated employees are getting higher scale of pay.

6. The petitioner, being aggrieved, approached the respondent authorities for fixation of correct pay scale as per the provision of ROP Rules, 2010. Thereafter, the writ petition being WP(C) 1832/2016 was filed which was disposed of on 18.03.2016 by this