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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Smita Choudhury, D/o. Hirendra Ch. Choudhury – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary, To The Government Of Assam, Finance (Pay Research Unit) Department – Respondent
JUDGMENT :
(DEVASHIS BARUAH, J.)
Heard Mr. T Chakraborty, the learned counsel appearing on behalf of the petitioners. Mr. TJ Mahanta, the learned Senior Counsel as well as the learned Standing Counsel, who appears on behalf of the Gauhati High Court, Principal Seat and Mr. P Nayak, the learned Standing Counsel, who appears on behalf of Finance Department, Government of Assam.
2. The three petitioners herein have approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution being aggrieved by the actions of the respondents in not condoning the delay in exercising the option under Rule 5 and Rule 7 of the Assam Services (Revision of pay) Rules 2017 (for short, ‘the ROP Rules of 2017’) as well as also not providing the benefits of the Principal Seat Pay (for short, ‘the PSP’), while fixing the basic pay of the petitioners under the ROP Rules of 2017.
3. The facts of the instant case are that the Gauhati High Court had issued an advertisement on 03.10.2015 calling for applications for the post of Private Secretary and Senior Personal Assistants. The petitioners applied and pursuant to a selection proceedings being carried out they were selected and
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Doctrine of equal pay for equal work is not an abstract doctrine and is capable of being enforced in a Court of law i.e. equal pay must be for equal work of equal value.
Delay in seeking judicial relief can bar claims, especially when the claimant has accepted the status quo for an extended period.
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