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GAHC010019642014
-VERSUS-
2. THE SECRETARY,
MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE
NORTH BLOCK, NEW DELHI - 110 001
3. THE SECRETARY(PERSONNEL),
DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES AND PENSIONS NORTH BLOCK, NEW DELHI-110 001
5. THE SECRETARY,
BORDER ROADS DEVELOPMENT BOARD, REPRESENTED BY ITS SECRETARY,
NO. 418, B WING, 4TH FLOOR, SENA BHAWAN, DHQ PO, NEW DELHI-110011
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
23.11.2021
Heard Mr. I H Saikia, learned counsel for the petitioners. Also heard Mr. RKD
Choudhury, learned ASGI for the respondents.
2. On the prayer made by Mr. IH Saikia, learned counsel for the petitioners,
which is not objected to by Mr. RKD Choudhury, learned ASGI, the Ministry of
Finance, represented by the Secretary to the Government of India, is impleaded
as the respondent No.7 in the present proceeding. Registry to make necessary
correction to the cause-title.
2300/- (as per 4th CPC) and Rs.5000-150-8000/- (as per 5th CPC) on entry and
the ordered time scale pay hikes together with arrears of salary and other
consequential benefits.
4. Mr. I H Saikia, learned counsel for the petitioners submits that this case is a
covered case in terms of the judgment and order dated 18.02.2020 passed by
this Court in WP(C)No.1537/2015 “GS-173517H-Sri C. Chandra Kumar Vs. Union
of India and 5 others” and the subsequent judgment and order dated
24.09.2021 passed by the Division Bench of this Court in WA No.104/2020
“Union of India and 5 others Vs. Shri C Chandra Kumar”. He, accordingly,
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submits that the present writ petition can be disposed of in terms of paragraph
30 of the judgment and order passed in WP(C)No.1537/2015.
5. Mr. I H Saikia, learned counsel for the petitioners also submits that he does
not wish to press the prayers made in the writ petition with regard to project
allowance, outfit allowance and special compensatory counter insurgency
operation allowances.
6. Mr. RKD Choudhury, learned ASGI submits that he has got no objection
with the prayer made by the petitioners’ counsel in view of the fact that the
present case is covered by the judgments mentioned above.
8. The operative portion of the judgment and order dated 18.02.2020 passed
in WP(C)No.1537/2015, which is at paragraph 30 is as follows:
10. On perusing the case record and the above mentioned judgments, this
Court is also of the view that the present case is a covered case. Accordingly,
the respondent authorities are directed to grant the petitioners the revised pay
scale of Rs.5000-8000 with arrear w.e.f. 01.01.1996 in terms of the
recommendation of the 5th CPC and the corresponding arrears of benefit w.e.f.
01.01.2006 in terms of the recommendation made by the 6th CPC to the Junior
Engineers, Assistant Engineers and Assistant Executive Engineers, in terms of
the recommendation made by the 5th and 6th CPC which was accepted by the
Department on 25.02.2009. Accordingly, the decision of the Department taken
on 25.02.2009 is modified to the extent that the petitioners would be entitled to
the arrears as well, and not only be limited to pay fixation, as far as the
petitioners are concerned.
JUDGE
Comparing Assistant