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Judgment
Heard Dr. R. Sarma, learned counsel for the petitioners as well as Mr. R. Borpujari, learned Standing counsel for the Finance Department
(respondent no.2) and Mr. T.C. Chutia, learned Additional Senior Government Advocate appearing for the respondent nos.1 and 3.
In this writ petition filed under Article 226 of the Constitution of India, the petitioners have made two-fold prayers. First is for directing the respondents
to give the designation of District Cultural Officer to the petitioners. The second prayer is to allow pay-band-4 to the petitioners. The learned counsel
for the petitioners is claiming parity with the similarly situated officers under the Directorate of Museums, Assam. It is also submitted by the learned
counsel for the petitioners that earlier the officers holding the post of Officer-in-charge of various cultural centres and the officers holding the post of
Officer-in-charge of Directorate of Museum were drawing equal pay and that the difference of pay has come into existence vide notification dated
19.03.2002.
In view of the nature of the grievance raised in the present writ petition, the Court is inclined to direct the Finance Department (respondent no.2) as
well as the Cultural Affairs Department (respondent nos.1 and 3) to positively file their affidavit-in-opposition within a period of 2(two) weeks from
today. The affidavit-in-opposition shall be filed at least one day prior to the next date of listing with a copy to Dr. R. Sarma, learned counsel for the
petitioner.
It is made clear that if affidavits are not filed within the time allowed, the Court may consider summoning the Head of the Department on the next
date.
List the matter 01.09.2021.