Pay protection under FR 22 applies only to government servants; non-government employees transitioning to government roles are not entitled to such protection.

JUDGMENT :

(N. Unni Krishnan Nair, J.)

Heard Mr. D. Majumdar, learned Addl. Advocate General along with Ms. S.Sarma, learned Government Advocate appearing for the appellants. None has appeared for the respondent no. 1 in spite of service of notice. Also heard, Mr. A. Chaliha, learned Standing Counsel, Finance Department representing the proforma respondent no. 2.

2. The present Intra-Court appeal has been instituted, presenting a challenge to a Judgment and Order dated 14.09.2023, passed by the learned Single Judge in WP(C) No. 1680/2012, allowing the writ petition, instituted by the respondent no. 1 herein.

3. Before proceeding further, it would be appropriate to briefly encapsulate the relevant facts so as to have a proper perspective of the case.

4. The respondent no. 1 herein, was initially recruited as a Sector Inspector Trainee in the Jorhat Development Authority. The Jorhat Development Authority was constituted under the Assam Town and Country Planning Act, 1959. The initial appointment of the respondent no. 1 was regularized as a Sector Inspector Trainee w.e.f., 01.03.2002. The respondent no. 1, in pursuance to an advertisement issued by the Assam Public Service Commission (In short APSC) on 12.10.2007, submitted his application through proper channel for recruitment against the post of Junior Engineer (Civil) in the Directorate of Town and Country Planning. The respondent no. 1 on his selection was recommended by the APSC for appointment as Junior Engineer (Civil) under the Directorate of Town and Country Planning. In terms of the selection of the respondent no. 1 by the APSC, the Secretary to the Government of Assam, Urban Development Department vide order dated 03.06.2009, appointed the respondent no. 1 as Junior Engineer (Civil) under the Directorate of Town and Country Planning, Assam in the scale of pay of Rs. 3580-8750/- and he was posted in the establishment of the Deputy Director, Town and Country Planning, Tezpur. The respondent no. 1, accordingly, resigned from his service with the Jorhat Development Authority and joined against the post, he was so appointed vide the order dated 03.06.2009. Pursuant to joining his service under the Directorate of Town and Country Planning, the respondent no. 1 preferred a representation on 16.07.2009 praying for pay protection by reckoning the pay drawn by him against the post of Sector Inspector in the Jorhat Development Authority. In the said representation, the respondent no. 1 had projected that he having applied for a post of Junior Engineer (Civil) as advertised by the APSC, through proper channel, he is entitled to have his pay fixed by reckoning the stage at which he was drawing his pay and allowances in the post of Sector Inspector under the Jorhat Development Authority. The said representation of the respondent no. 1 was processed however, the respondent authorities having not acceded to his prayer, the respondent no. 1 had approached the writ Court by way of instituting WP(C) No. 1680/2012, praying for fixation of his pay against the post of Junior Engineer (Civil) under the Directorate of Town and Country Planning at the stage equal to the stage he was drawing his pay and allowances against the post of Sector Inspector under the Jorhat Development Authority.

5. The learned Single Judge, upon considering the issues arising in the matter and after hearing the learned counsels appearing for the parties to the proceeding, was pleased vide Judgment and Order dated 14.09.2023, to allow the writ petition by directing the appellants herein to grant pay protection to the respondent no. 1 and to fix his pay at the stage equal to the substantive pay drawn by him as a Sector Inspector under the Jorhat Development Authority.

Being aggrieved, the appellants herein have instituted the present writ appeal.

6. The challenge in the present proceeding being to the order dated 14.09.2023, the operative portion thereof, being relevant, is extracted herein below: -

“13. The issue involved is w