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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J
Mrinmay Kumar Das Son Of Sri Banamali Das And Anr. - Appellant
Versus
The Gauhati High Court And 4 Ors. - Respondent
WP(C) 7021 / 2018
Decided On : 06-03-2025
(A) Assam Services (Revision of Pay) Rules, 2017 - Equal Pay for Equal Work - Petitioners, Library Assistants, challenged the reduction of their Grade Pay from Rs.8,700/- to Rs.7,400/- post-ROP 2017, while Judicial Assistants retained Rs.8,700/- - Historical parity existed between the two posts, which was disrupted by the ROP 2017 - Court noted that the Chief Justice equated the two roles for pay purposes. (Paras 2 - 14 )
(B) Constitution of India - Article 14, 16, 39(d), 229(2) - The Court held that equal work deserves equal pay, as affirmed by previous judgments, and that the employer's recommendation for pay parity should be upheld. (Paras 11 - 12 )
Facts of the case:
Petitioners were appointed as Library Assistants in 2013 and 2014, initially with a Grade Pay of Rs.3000/-. Following the implementation of ROP 2017, their Grade Pay was reduced without proper authority, while Judicial Assistants' pay was increased.
Findings of Court:
The Court found that the petitioners are entitled to a Grade Pay of Rs.8,700/- equal to that of Judicial Assistants from the date of the latter's increase.
Issues: The main issue was whether the petitioners were entitled to the same Grade Pay as Judicial Assistants.
Ratio Decidendi: The Court emphasized the principle of equal pay for equal work and the importance of the Chief Justice's recommendation for pay parity.
Result: Petitioners entitled to Grade Pay of Rs.8,700/- with arrears payable within four months.
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. F. Faridi, the learned counsel appearing on behalf of the petitioners. I have also heard Mr. H. K. Das, the learned counsel appearing on behalf of the respondent Nos.1, 4 & 5; Mr. J. Handique, the learned counsel appearing on behalf of the respondent Nos.2 as well as Mr. R. Borpujari, the learned counsel appearing on behalf of the respondent No.3.
2. The short question which arises for consideration in the instant writ petition is as to whether the petitioners herein who are working as Library Assistants would be entitled to the equal Grade Pay to that of the Judicial Assistants?
3. The petitioner No.1 was appointed to the post of Library Assistant on 19.07.2013 and the petitioner No.2 was appointed to the said post of Library Assistant on 14.03.2014. At the time of appointment, the scale of pay for both the petitioners were Rs.5200-20,200 (PB-II) with Grade Pay of Rs.3000/- per month. It is further relevant to take note of that at that relevant point of time, the Judicial Assistants of the Registry of the Gauhati High Court were also drawing the same scale of pay with Grade Pay of Rs.3000/-. However, with the implementation of the Assam Services (Revision of Pay) Rules, 2017 (ROP, 2017), the petitioners’ Grade Pay was reduced to Rs.7,400/- whereas the Grade Pay of the Judicial Assistant was raised to Rs.8,700/-.
4. From the materials on record, it is further seen that the petitioners, immediately upon the issuance of the notification dated 17.03.2017 by the Government of Assam was given the Grade Pay of Rs.8,700/- for the month of June, 2017 but subsequently, the same was reduced back to Rs.7,400/- on the ground that the upgradation of the Grade Pay of the Library Assistant was done without any express authority. It is seen that the petitioners herein represented before the Gauhati High Court. However, the grievances of the petitioners remained unaddressed for which the instant writ petition has been filed challenging the Resolution dated 09.04.2018 as well as the communication dated 22.05.2018. In addition to that, the petitioners had also sought for a writ in the nature of mandamus thereby to place the petitioners in the pay scale of Rs.14,000-49,000 with Grade Pay of Rs.8,700/- w.e.f. the month of July, 2017 with arrear monetary benefits since the date of implementation of the Assam Services (Revision of Pay) Rules, 2017 .
5. It is relevant to take note of that pursuant to the filing of the instant writ petition, the Gauhati High Court had filed an affidavit-in-opposition. In the said affidavit-in-opposition, it was mentioned that historically there was a parity in the pay scale of Judicial Assistant with the post of Library Assistant. However, with the notification dated 17.03.2017 notifying the Assam Services (Revision of Pay) Rules, 2017 , the Pay Band and the Grade Pay of the Junior Administrative Assistant in the Assam Secretariat was revised from Rs.5200-20200 plus Grade Pay of Rs.3000/- to the Pay Band of Rs.14,000-49,000 with Grade Pay of Rs.8700/-. It was further mentioned that before the implementation of the ROP 2017, the scale of pay of Judicial Assistant and Library Assistant were the same of Rs.5200-20200 plus Grade Pay of Rs.3000/- and the corresponding revised Grade Pay of Rs.3000/- is the Grade Pay of Rs.7400 as per the Rules of 2017. Be that as it may, the Grade Pay of Junior Administrative Assistant in the Assam Secretariat was enhanced from Rs.3000/- to Rs.3300/- in the light of the Government of Assam’s Resolution accepting the recommendation of the 7th Assam Pay and Productivity Pay Commission, and therefore, as per the ROP 2017, the revised Grade Pay of Junior Administrative Assistant in Assam Secretariat was fixed at Rs.8,700/- instead of Rs.7,400/- which is corresponding to old Grade Pay of Rs.3,000/-. It was further mentioned that as per the communication of the Government of Assam dated
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