Gauhati High Court Directs Assam Govt To Grant Benefit Of Allowances To Grade-III 'Temporary' Employees Of Erstwhile Fast Track Courts

The Gauhati High Court recently directed Assam Government to grant benefit of allowances to the staff who were appointed in various Fast Track Courts and are drawing a minimum of pay scale in Grade-III posts.

The division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria noted that those who are holding Grade-IV posts have already been extended the benefit of minimum pay scale as well as allowances attached thereto by virtue of the State Government’s notification dated 08.03.2019.

"Hence, excluding the remaining petitioners/appellants who are serving against Grade-III posts and denying them the benefit of allowances attached to the minimum pay scale would be nothing short of hostile discrimination and is clearly violative of the fundamental rights enshrined under Article 14 and 16 of the Constitution of India," said the court.

The appellants were selected and appointed in different categories of Grade-III and Grade-IV posts and were provided postings in various Fast Track Courts across the state. The appellants were not granted regular pay scale as there was no encadrement of posts for the Fast Track Courts.

The appellants submitted representations dated May 30, 2017 and August 05, 2017 to Judicial Department, Assam Government which was rejected by a speaking order dated May 11, 2018 stating that the benefit of the Assam Services (Pension) Rules, 1969 could not be extended to the appellants.

The appellants-petitioners before the single judge bench argued that they are entitled to allowances (Dearness Allowances, House Rent Allowances and Medical Allowances) as wage would mean basic pay plus the applicable allowances. It was further submitted that the duties and responsibilities discharged by the petitioners are at par with their counterparts in the department and therefore, any disparity in the matter of wages suffered with the vice of discrimination.

The reliance was placed upon the ratio laid down by the Supreme Court in State of Punjab & Ors. v. Jagjit Singh & Ors. The single judge bench on September 21, 2021 dismissed the writ petitions. Hence, the appellants assailed the impugned order of single judge in the present intra-court appeal.

Advocate S. P. Sharma, the counsel appearing for appellants, submitted that the reliance which was placed by the State counsel on observations made at paragraph 55 of the Jagjit Singh judgment, relates to purely ad hoc and daily rated casual employees whereas the appellants fall in the category of temporary employees for which category, the Supreme Court clearly held that such employees would be entitled to draw wages at the minimum of pay scale extended to regular employees holding the same post.

It was further submitted that on concession of the State Government, the appellants have been given the benefit of minimum of pay scale and therefore once the benefit of minimum pay scale stands extended to the employees, their right to claim allowances is automatic because such allowances are a part and parcel of the pay scale.

However, the State submitted that most of the appellants who are serving against Grade-IV posts had already been extended the benefit of minimum pay scale and allowances in terms of the notification dated March 08, 2019 issued by the Government of Assam. However, those of the appellants who are serving against Grade-III posts, would not be entitled to claim benefit of allowances because no such specific circular/notification has been issued by the State for such posts, the State said.

The court noted that while deciding an earlier Review Petition, in terms of the amicable settlement arrived at with the State, the Division Bench directed that the appellants herein would be paid minimum wages of regular pay scale from March, 2017 onwards.

"It is an admitted fact that the appellants were actually granted all benefits of minimum pay scale including allowances till January, 2018. Contents of the letter dated 16.03.2000 issued to the Accountant General (Audit), Tripura and the corresponding communications in the other North-Eastern States would indicate that when the Fast Track Courts were set up, the temporary posts were created against which, the appellants herein were appointed," said the court. 

It further said that the nature of services of the appellants was neither ad hoc nor on daily wage basis, they were temporary employees appointed against temporary posts created for newly set up fast track courts.

“It is true that at the inception the services of the appellants may have been declared as coterminous with the existence of the Fast Track Courts, but the fact remains that even after the Fast Track Courts were abolished, the petitioners’ services continued to be utilized in different Judicial Courts. Hence, it is not a case that the petitioners lost their utility to the Judicial Courts after the system of Fast Track Courts was discontinued,” the Court said.

Thus, the court set aside the impugned judgment dated September 9, 2021 of the single judge bench and the speaking order dated May 11, 2018 of the Judicial Department, Assam Government.

"It is directed that those of the appellants, who have not been granted the benefit of allowances even though they are drawing a minimum of pay scale, shall also be afforded the allowances in accordance with the pay scale. This financial benefits shall accrue to the appellants from the date the review petition was decided i.e. 23.01.2017," it said.

Case Title: Bhupendra Sinha & Ors. v. The State of Assam & Ors.

Coram: The Chief Justice Sandeep Mehta and Justice Mitali Thakuria

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