The court affirmed that salary fixation must adhere to statutory rules, resolving errors related to initial pay and advance increments, ensuring equitable adjustments without undue recovery demands.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr M P Sarma, the learned counsel appearing on behalf of the petitioner. Ms K Phukan, the learned Government Advocate, appears on behalf of the respondent No. 1, Mr R Borpujari, the learned counsel appears on behalf of the respondent No. 2, Ms S Sharma, the learned counsel appears on behalf of the respondent Nos. 3, 4 and 6 and Mr T R Gogoi, the learned counsel appears on behalf of the respondent No. 5.

2. The petitioner, herein, has approached this Court, seeking appropriate writ, direction and order to set aside the communications dated 11.04.2022, 16.09.2022, 28.09.2022 and further seeking appropriate directions to the effect that the petitioner should be paid her salary, in terms with the communications dated 24.08.2018, 21.08.2019 and 16.07.2019.

3. To ascertain the dispute involved in the instant proceedings, it is relevant to take note of the brief facts, which led to the filing of the instant writ petition.

4. The Gauhati High Court had issued an advertisement on 12.06.2015, calling for filling up of 191 vacancies of Stenographer Grade-III, for the district judiciary of Assam, in the scale of pay of Rs. 5,200-20,200 +GP 2900 (PB-2) plus other allowances, as admissible under the Rules. The petitioner duly participated in the said proceedings and by the notification dated 30.07.2016, the petitioner was provisionally selected as Stenographer Grade-III, on merits. Subsequent thereto, vide an order dated 21.09.2016, the petitioner was appointed as Stenographer Grade-III in the establishment of the District and Sessions Judge, Nagaon, against the newly created post of Stenographer Grade-III, in the Pay Band -2 (Rs. 5,200-20,200+GP 2900) plus other allowances, per month, as admissible as per Government Rules, with effect from the date of her joining. On 22.09.2016, the petitioner joined as a Stenographer Grade-III, in the establishment of District and Sessions Judge, Nagaon.

5. It is relevant to take note of that on 16.07.2019, the Joint Registrar, Finance of the Gauhati High Court, had issued communication to all concerned that, in respect to the initial revised basic pay, as per ROP 2010, pertaining to the Pay Band – Rs. 5,200- 20,200 + Rs. 2900/-, it would be Rs. 7,170 + 2,900/- (GP)+310 (Advance increment @ 3%) = Rs. 10,380/-. It was further mentioned in the said communication that as regards the initial revised basic pay, as per ROP 2017, Pay Band Rs. 14,000/- - Rs. 49000/- + GP Rs. 7,400/-, would be Rs. 27,990/- (including GP of Rs. 7,400/-) (modified table No. 6.8.10). In view of the said communication dated 16.07.2019, the petitioner’s salary was accordingly refixed with basic pay of Rs. 20,590+GP Rs.. 7,400/-, vide an order of the learned District and Sessions Judge, Nagaon, dated 21.08.2019. Though the order dated 21.08.2019 was passed by the learned District and Sessions Judge, Nagaon, but the petitioner was not granted the said benefit and under such circumstances, the petitioner submitted a representation dated 01.07.2020. On the basis of the said representation, the petitioner was informed by the respondent No. 6 that a clarification has been sought for from the Finance (PRU) Department, Government of Assam, through the LR and the Secretary to the Government of Assam, Judicial Department, as regards the initial pay structure of Stenographer Grade-III, who joined in service on 22.09.2016, i.e., before publication of the ROP 2017 (the ROP Rules were notified vide a notification dated 17.03.2017 and was given effect from 01.04.2016).

6. Subsequent thereto, on 11.04.2022, the Deputy Secretary to