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Judgment
Heard Mr. P.Nongbri, learned counsel on behalf of the petitioner, as well as Mr. KP Bhattacharjee, learned State counsel on behalf of the State
respondents.
The petitioner''s case in a nutshell is that:
This writ petition is made against non fixation of pay of the writ petitioner w.e.f. 08.10.2010 at per with his junior who was
promoted earlier to the grade of MAS-II in the scale of pay of Rs. 18300-35100/- vide order dated 08. 10.2010, however case of
the petitioner was considered subsequently for retrospective promotion w.e.f. 08.10.2010 along with his junior after exoneration of
the writ petitioner from the ongoing departmental proceeding, on the basis of his representative submitted thereafter. But surprisingly
although promotion was given to the petitioner in the grade of MAS-II initially vide notification dated 12.06.2012 (Annexure-III),
however subsequently petitioner was promoted retrospectively in the grade of MASII in terms of notification dated 08.10.2010 i.e.
from the date of promotion of his immediate junior without carrying out any pay fixation due and admissible to the writ petition on
account of retrospective promotion w.e.f. 08.10.2010 at per with his junior vide notification dated 11.07.2016. This writ petition is
preferred for non-fixation of pay and allowances of the petitioner at per with his junior in the scale of pay of Rs. 18300- 35100/- and
also for payment of arrear pay and allowances due and admissible to the petitioner in terms of his promotion affected in the grade of
MAS-II vide notification dated 11.07.2016"".
Mr. KP Bhattacharjee, learned State counsel submits that on principle they are not denying the grievances of the petitioner but petitioner may be
directed to file a regular representation to the authority concerned for pay fixation. Petitioner is therefore directed to file the same within one week
and thereafter, the authority concerned should decide the matter within a month.
With this observation and direction, this instant writ petition is allowed and stands disposed of.