BIPUL DUTTA vs THE STATE OF ASSAM AND ORS

Heard Mr. A.R Sikdar, learned counsel for the petitioner, Mr. R Borpujari, learned Standing Counsel for the Finance Department and Mr. K.

Gogoi, learned Standing Counsel for the Higher Education Department in the Government of Assam.

The petitioner, who has the qualification of M.E in Mechanical Engineering, was appointed as an Assistant Project Engineer on the

recommendation of the Assam Public Service Commission and was posted in the Dibrugarh Polytechnic at Lahowal. Subsequently, by a

notification No.42/2002/3-C dated 28.02.2003 of the Joint Secretary to the Government of Assam, Technical Education Department; the

petitioner was transferred and posted as a Lecturer in Mechanical Engineering in the Bongaigaon Polytechnic. In this writ petition, the petitioner

claims that although he had been paid the AICTE scale of pay as applicable to Lecturer from the year 2003, but he is entitled to the AICTE pay

scale from the date of his initial appointment as Assistant Project Engineer.

For the purpose, the petitioner refers to a communication dated 08.06.2000 from the Deputy Secretary to the Government of Assam to the

Accountant General, Assam, wherein it is provided that the Training cum Placement Officer/Project Engineer in Polytechnics are eligible to get

AICTE scale of pay as all these officers are posted either by transfer or by promotion against a post, which is equivalent to the post of HoD of the

Polytechnic. It is stated that the HoD of the Polytechnics are being provided with the AICTE scale and therefore, as per the communication of

08.06.2000, it had been the decision of the Government of Assam in the Education, Higher Department that the Training Cum Placement

Officers/Project Engineers are also entitled to the AICTE scale of pay applicable to the HoD.

Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department takes a stand that the aforesaid provision of giving the AICTE

scale of pay equivalent to the HoD is made applicable only in respect of the Project Engineers. It is stated that on the other hand, the petitioner

was appointed as an Assistant Project Engineer and therefore, his case would not be covered by the communication of 08.06.2000.

However, Mr. A.R Sikdar, learned counsel for the petitioner refers to another notification dated 02.02.1995 of the Deputy Secretary to the

Government of Assam in the Finance (Pay Research Unit) Department, Dispur, wherein the scale of pay of Project Engineer and Assistant Project

Engineer in respect of the Polytechnics are provided. For the Project Engineer, the said notification provides that the admissible pay is same as that

of HoD in a Polytechnic and in respect of Assistant Project Engineer, it is stated that the scale of pay is same as that of a Lecturer (Technical) of a

Polytechnic.

Accordingly, when the notification of 02.02.1995 is read conjointly with the communication of 08.06.2000, it transpires that the Project

Engineers are given the AICTE scale of pay of a HoD as because the Finance Department''s notification of 02.02.1995, which makes their scale

of pay same as that of a HoD in a Polytechnic. But, a similar provision had not been made in the communication dated 08.06.2000 in respect of

the Assistant Project Engineers. However, as the notification dated 02.02.1995 provides that the scale of pay of Assistant Project Engineer is

same as that of a Lecturer (Technical) in a Polytechnic, therefore, a similar treatment was also required to have been considered for the Assistant

Project Engineers in the Polytechnics. The same having not been done in the communication dated 08.06.2000, this Court is of the view that a

similar consideration is also required to be given in respect of the Assistant Project Engineers.

Accordingly, this writ petition is disposed of by directing the Principal Secretary to the Government of Assam in the Higher Education

Department to give a consideration to the claim of the petitioner for an AICTE scale of pay applicable to a Lecturer (Technical) in the Polytechnics

from the date of his initial appointment made in the year 1992 and pass a reasoned order thereof. In doing so, the Principal Secretary shall take

note of the conclusion arrived in this order, meaning thereby that the notification of 02.02.1995 makes the scale of pay of Project Engineer same as

that of HoD in a Polytechnic and by the communication of 08.06.2000, the AICTE scale of pay of HoD in the Polytechnic is made applicable in

respect of the Project Engineers. By the same analogy, although the notification dated 02.02.1995 provides that the scale of pay of Assistant

Project Engineers is same as that of Lecturer (Technical) of a Polytechnic, a similar consideration as the communication of 08.06.2000 be made

also in respect of the Assistant Project Engineers.

The aforesaid exercise be done within a period of three months from the date of receipt of a certified copy of this judgment an order. In terms of

the above, the writ petition stands disposed of.