Principal Seat Pay must be included in the calculation of basic pay for employees, ensuring equal treatment under Articles 14 and 16 of the Constitution.

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 thereupon appointed vide order dated 01.11.2016. The petitioners' names appear in the said Appointment Order at Sl.No.3, 4, and 5 respectively.

4. It is the case of the petitioners that pursuant to an order dated 04.04.2016 passed in WP(C)No.1724/2015, a Notification was issued in the name of the Governor of Assam dated 16.08.2016, whereby the officers and staff of the Gauhati High Court (Principal Seat) were provided the PSP in addition to their existing emoluments (existing pay and allowances). Taking into account that the petitioners were working in the Pay Band-3, the entitlement of the petitioners was Rs.1000/- per month. Subsequent to the appointment of the petitioners, the Government of Assam had notified the ROP Rules of 2017 on 17.03.2017 giving a retrospective effect from 01.04.2016. Rule 5 of the ROP Rules of 2017 stipulated that the pay structure proposed is also applicable in the case of the petitioners since they were appointed and joined in the month of November, 2016, which is before the date of the Notification of the ROP, Rules of 2017. The ROP Rules of 2017 revised the pay in terms with the Fitment tables 1.1 to 1.2 of the Appendix-I of the ROP Rules of 2017. This was amended by revised Fitment Table by 1.1-1.20 annexed with the ROP Rules as Annexure-II.

5. The petitioners’ claim that they come within with the ambit of Fitment Table 1.15, upon the ROP Rules 2017 being extended to the employees of the Gauhati High Court (Principal Seat). The petitioners submitted a representation dated 04.09.2017 before the Registrar General of the Gauhati High Court and ventilated their grievances praying inter alia for all such benefits to be payable as per the ROP Rules of 2017. In their representation, the petitioners have categorically stated that they are entitled to the new pay scale as notified in Table 1.15 and their new scale of pay should be Rs.34,000/- (Rs.23,900/- + 9,100 Grade Pay + 1000/- PSP).

6. Upon receipt of the said representation, the Registry of this Court wrote a letter to the Judicial Department of the Government of Assam dated 09.04.2018 seeking clarification in connection with initial fixation of pay under the ROP Rules of 2017 in respect to the petitioners. However, the Registry of this Court did not receive any response therefrom. A reminder in that regard was issued on 07.12.2018 by the Deputy Registrar, (Finance) of this Court to the Judicial D