ORDER

09.02.2022 Date :

Heard Mr. A. Gogoi, learned counsel for the petitioners. Also heard Mr.

T.C. Chutia, learned Additional Senior Govt. Advocate.

2. The learned Additional Senior Govt. Advocate submits that the order dated 27.01.2022 has been communicated to the respondent no.7, but no instruction is received. Therefore, on failure of the respondent nos.5 and 7 to file any response despite specific order dated 27.01.2022, by applying the doctrine of non traverse, the claim of the petitioners is deem to have been admitted by the respondent nos.5 and 7.

3. The case of the petitioners is that they were regular employee of Dhakuakhana Municipal Board (erstwhile Dhakuakhana Town Committee) and they were appointed on various dates and since then, they have been working without any interruption. It is projected that the petitioners have been drawing their salary as per regular pay-scale fixed by the Govt. of Assam corresponding to their regular post. It is specifically stated in the writ petition that the petitioner nos.1, 2, 3, 8, 9, 10 and 11 were drawing their regular salaries as per pay-scale since April, 2008 and that the petitioner nos.4, 5, 6 and 7 have been drawing their salary at regular pay-scale since January, 2011. However, w.e.f. February, 2017 the petitioners are paid fixed salary and therefore, the petitioners had submitted a representation dated 11.04.2018, claiming salary from February, 2017 at the govt. rate. This was followed by another representation dated 04.04.2019 to the Director, Municipal Administration, Assam and as the grievance of the petitioners has not been redressed, the present writ petition has been filed under Article 226 of the Constitution of India.

4. The learned Additional Senior Govt. Advocate has referred to paragraph 4 of the affidavit-in-opposition filed on behalf of respondent no.3 and it is submitted that employee of the Municipal Board/Town Committee in Assam are governed by Section 50 of the Assam Municipal Act, 1950, by which the respective Municipal Boards/Town Committees have been vested with the power of determining the size of the establishment and salaries and allowances to be fixed as are to be made out of Municipal Board’s own fund and in this regard, it is submitted that in view of Section 50 of the Assam Municipal Act, 1950, an employee of Municipal Board/Town Committee is not an employee appointed by the Directorate and therefore, they are not govt. employees. Hence it is submitted that the Director, Municipal Administration, Assam has no liability to pay the claim of the petitioner.

5. As indicated above, owing to failure of the respondent nos.5 and 7 to respond to the writ petition despite service of notice as well as intimation to them by the learned Additional Senior Govt. Advocate about order dated 27.01.2022, the respondent no.7 has failed to comply with the order dated 27.01.2022, based on which the Court is compelled to invoke the doctrine of non traverse and deem as if the respondent nos.5 and 7 have admitted the claim of the petitioners. Accordingly, as no reasons are shown as to why the salary of the petitioners, which was hitherto being paid on a pay-scale was reduced and or converted from regular pay-scale to fixed pay, the Court is inclined to allow this writ petition by granting the following reliefs: I. The respondent nos.5 and 7 shall henceforth pay to the petitioners their respective salary for the current month of February, 2022 on the regular pay-scale to which the petitioners are entitled to as per govt. scale commensurate to the post they are holding.

II. The respondent nos.5 and 7 would be jointly and severally liable to calculate the arrear salary of the petitioners as per the scale of pay from the month of February, 2017 (as indicated in Annexure- 4 of the writ petition, i.e. representation dated 11.04.2018) and the arrear pay of the petitioners after deduction of the fixed pay paid to them and that the differential amount shall be released to the petitio