ORDER

02.02.2022 Date :

Heard Mr. J. Singh, learned counsel for the petitioner. Also heard Mr. B.

Gogoi, learned standing counsel for the Health Department, respondent nos. 1 to 3 and Mr. A. Chaliha, learned standing counsel for the Finance Department, respondent no. 4.

2. It is seen from the order dated 18.11.2020 that this Court had observed that in the event of failure of the respondent to represent, the matter shall be heard and decided ex-parte against the respondents. Despite the said order, the respondents have not contested this writ petition and therefore, the averments made in the writ petition is accepted to be correct by applying the doctrine of non-traverse. It may be stated that although the learned standing counsel for the Health Department had prayed for some more time to file, the prayer was refused in light of the order dated 18.11.2020. Thereafter, the learned standing counsel for the Health Department has submitted that even without affidavit-in- opposition, the matter can be still be decided by directing the authorities to take an appropriate decision in the matter.

3. The petitioner had superannuated on 30.06.2011 while serving as Joint Director of Health Services under the Health and Family Welfare Department of the State. At the time of superannuation, he was serving at Karimganj. The grievance of the petitioner is that there was erroneous fixation of his basic pay at different stages of his service career resulting in financial loss to him and moreover, persons who are equally situated to the petitioner as well as persons junior to him in service are drawing higher pay.

4. By filing this writ petition under Article 226 of the Constitution of India, the petitioner is seeking appropriate direction from this Court for pay equalization and consequential financial benefits in form of arrear salaries, recalculation of pension and arrear pensionary benefits.

5. In view of invoking of the doctrine of non-traverse, the Court is inclined to allow this writ petition by directing (i) the Head of the Department of Health and Family Welfare Department as well as (ii) Head of the Department of the Finance Department of the State of Assam to have a joint meeting of the appropriate authorities of these two departments so that the issue of equalization of pay of the petitioner vis-à-vis his junior in service can be determined w.e.f. the date the immediate juniors of the petitioner were drawing higher pay than the petitioner. Consequently if the petitioner is found entitled to higher pay and consequential financial benefits in form of arrear salary, enhanced pensionary benefits including arrears, such relief be granted to the petitioner within a time bound period.

6. The decision to be jointly taken by the Health and Family Welfare Department as well as the Finance Department of the State of Assam shall be taken positively within a period of 4(four) weeks from the date of service of certified copy of this order to the respondent no.1 and respondent no. 4. The consequential financial benefits, if any, arising out of the decision by the said authorities would be made available to the petitioner within a period of 3(three) weeks thereafter. The respondent no. 1 shall ensure that the decision taken by the authorities would be communicated to the petitioner within a reasonable time.

7. The respondent authorities are given the liberty to make a prayer for extension of time by showing cause, if for some good reasons the order cannot be complied within the time allowed.

8. Accordingly, this writ petition stands allowed to the extent as indicated above.

9. The parties are left to bear their own cost.

JUDGE

Comparing Assistant