JUDGMENT :

The present writ petition under Article 226 of the Constitution of India is preferred by the petitioner to assail an Order dated 30.06.2017 passed by the respondent no. 4, that is, the Presiding Officer, Labour Court, Assam, Guwahati. By the Order dated 30.06.2017, the respondent no. 4 as the Appointing Authority has held that the appointment of the petitioner on 30.10.2006 is to be treated as appointment in the post of Peon in the office of the Labour Court, Guwahati, Assam and the petitioner’s pay scale is to be revised as per the Revision of Pay Rules [old] from the date of his original appointment, that is, 30.10.2006. In the Order dated 30.06.2017, it has been further observed that the excess salary drawn by the petitioner since the date of his appointment on 30.10.2006 is to be recovered.

2. In order to appreciate the nature of challenge made and its sustainability, it is appropriate to exposit the necessary and relevant background events leading to the passing of the Order dated 30.06.2017.

2.1. The petitioner came to be appointed temporarily as a Driver on daily wage basis for a period from 19.07.2006 to 31.07.2006 in view of suspension of one Anil Baishya by an