GUWAHATI, India, Feb. 25 -- Gauhati High Court issued the following order on Jan. 27:
1. Heard Mr. H.K. Das, learned counsel for the petitioners in both the writ petitions. Also heard Mr. K. Gogoi, learned standing counsel for the Higher Education Department, being respondent No. 1, 3 and 4 in WP(C) No. 2556/2015 & respondent Nos. 2, 3 & 4 in WP(C) No. 3808/2015; Ms. K. Phukan, learned Junior Government Advocate for the respondent No.2 and Mr. H. Rahman, learned counsel appearing on behalf of Mr. P.D. Nair, for respondent No. 6 in WP(C) No. 2556/2015.
2. In these two petitions, i.e. WP(C)/2556/2015 and WP(C)/3808/2015, under Article 226 of the Constitution of India, the petitioners have challenged the impugned portions of the Notification No. AHE.283/2009/Pt-II/48, dated 05.11.2014 (Annexure-16) and Office Memorandum vide No. AHE.283/2009/Pt-II/49 dated 05.11.2014 (Annexure-17) by which, the benefits of reviewed/modified dates for placement in the Senior Grade Scale of Pay and Selection Grade Scale of Pay were granted to the similarly situated Lecturers, but, laid down the condition that the benefits given to those incumbents cannot be treated as precedent and by the other Notification, the Govt. granted CAS promotion to the similarly situated Lecturers after granting Senior Grade Scale of Pay and Selection Grade Scale of Pay, but, laid down the condition that the promotional aspect cannot be treated as precedent and the period spent on ad-hoc shall not be counted towards promotion under CAS; and also to issue direction to the respondent authorities to review/ modify the placement dates of the petitioners for granting the benefit of Senior Grade Scale of Pay, Selection Grade Scale of Pay and the consequent promotion under CAS, as granted to the similarly situated Lecturers, vide Notifications dated 05.11.2014; and also to issue direction to the respondent authorities to provide the benefits of Senior Grade Scale, Selection Grade Scale and the consequential financial up-gradation and promotion under CAS, as provided to the similarly situated persons in pursuance to the Judgment & Order dated 14.08.2012, passed by the learned Assam Administrative Tribunal in Appeal Case No. 51 ATA/2010;
3. As the issue involved in both the petitions are same and the relief(s) being claimed are same and the parties are also almost the same, and as agreed upon, this Court is inclined to dispose of these batch of petitions by this common judgment and order.
Background Facts:-
4. The background facts, leading to filing of the present writ petitions are adumbrated herein below:-
"The petitioners in WP(C) No. 2556/2015, were initially appointed as Lecturers under Regulation 3(f) of the Assam Public Service Commission (APSC) (Limitation & Functions) Regulations, 1951 in Cotton College and Diphu College. Thereafter, their services were extended from time to time. Subsequently, their services were regularized as Lecturers upon recommendation of the APSC, after the regular selection process. Thereafter, regular appointments were made with effect from the date of recommendation of APSC.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1DN2a%2Fcy1rF5hJMR8AcKfO7MrjrqfB5KSSRhM3gAS2zz&caseno=WP(C)/2556/2015&cCode=1&cino=GAHC010012752015&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
