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GAHC010155252020

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4673/2020

DWIJENDRA NATH DEKA

S/O LATE RAMESWAR DEKA

RESIDENT OF 28 A DEVAYAN PATH, MANIK NAGAR, CHRISTIAN BASTI,

GUWAHATI 05

KAMRUP M ASSAM

VERSUS

THE COMMISSIONER AND SECRETARY AND 2 ORS

TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT (BUILDING AND

NH) ASSAM SECRETARIAT, DISPUR GUWAHATI 781006

2:THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

FINANCE DEPARTMENT ASSAM SECRETARIAT

DISPUR GUWAHATI 781006

3:THE ACCOUNTANT AND GENERAL (A AND G)

MAIDAMGAON

KRISHNAPUR BELTOLA TINAILI

GUWAHATI ASSAM 78102

Advocate for the Petitioner : MR D DEKA,

Advocate for the Respondent : SC, PWD (NH), SC, AG,SC, FINANCE

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BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 29.04.2026

Heard Mr. D. Deka, learned counsel, appearing for the petitioner. Also

heard Mr. R. Dhar, learned Standing Counsel, PWD, appearing for the

respondent no.1 and Mr. R. Borpujari, learned Standing Counsel, Finance

Department, appearing for the respondent no.2 and Ms. Tinlung, learned

counsel, appearing on behalf of Mr. R. K. Talukdar, learned counsel for the

respondent no.3.

2. The petitioner in the present proceeding has prayed for a direction upon

the respondent authorities for stepping up of his pay in the post of Assistant

Engineer in Public Works Department, to the stage at which the pay and

allowances have been authorized to his juniors in the cadre of Assistant

Engineer, who were promoted subsequent to the promotion of the petitioner

to the said cadre.

3. The petitioner, herein, while working as a Junior Engineer in the Public

Works Department, was considered for promotion to the post of Assistant

Engineer (Civil). He being found to be eligible, the petitioner was vide

notification dated 28.09.2015, promoted as Assistant Engineer and was

authorized the Pay Band-4 i.e. Rs.12,000/- – Rs.40,000/- with Grade Pay of

Rs.5400/- per month. The petitioner on joining the cadre of Assistant Engineer

on promotion, his pay was fixed at the stage of Rs.22,620/- along with

Rs.5400/- as grade pay. With the coming into force of the Assam Services

(Revision of Pay) Rules, 2017, the pay of the petitioner was revised and his

pay was fixed at the stage of Rs.55900/- along with Rs.12700/- Grade Pay in

the revised scale of pay. The petitioner continued to receive his pay and

allowances with annual increments, till the date of his superannuation which

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had occasioned on 31.05.2018. The grievance of the petitioner had arisen on

account of the fixation of pay made in respect of his juniors in the cadre of

Junior Engineer on their promotion to the cadre of Assistant Engineer (Civil).

Reference in this connection is made to the case of one Dhanesh Chandra

Das, who was working as a Junior Engineer but was placed below the

petitioner in the seniority list of the incumbents in the said cadre. Said

Dhanesh Chandra Das on the date when the petitioner was promoted to the

post of Assistant Engineer (C) was drawing the similar pay as that drawn by

the petitioner in the cadre of Junior Engineer. Thereafter, on account of said

Dhanesh Chandra Das continuing in the cadre of Junior Engineer at the time

of coming into force of the ROP Rules of 2017, the pay of Dhanesh Chandra

Das came to be fixed in the cadre of Junior Engineer at the stage of

Rs.58,140/- along with Rs.9,100/- Grade Pay. Said Dhanesh Chandra Das was,

thereafter, promoted to the cadre of Assistant Engineer w.e.f. 21.01.2017. On

account of the fact that said Dhanesh Chandra Das, had already been

authorized a Revision of Pay in the lower feeder cadre of Junior Engineer, on

his promotion to the cadre of Assistant Engineer, his pay came to be fixed at

the stage of Rs.62,240/- along with Rs.12,700/- Grade Pay. On the same date,

the petitioner was drawing only Rs.60,080/- along with Grade Pay of

Rs.12,700/-.

Accordingly, the junior of the petitioner on his promotion to the cadre of

Assistant Engineer h