Page No.# 1/4 GAHC010254462024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/75/2025 KHAGENDRA ARDAO S/O- LATE UMAKANTA ARDAO RETIRED SENIOR METER READER, HAFLONG ELECTRICAL SUB-DIVISION, APDCL, R/O BOILDURA, NORTH CACHAR HILLS, DIMA HASAO, ASSAM-788819 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF POWER, DISPUR, GUWAHATI, ASSAM-781006 2:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED REPRESENTED BY ITS CHAIRPERSON BIJULEE BHAWAN PALTAN BAZAR GUWAHATI ASSAM-781001 3:THE MANAGING DIRECTOR ASSAM POWER DISTRIBUTION COMPANY LIMITED (CAR) BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 4:THE CHIEF GENERAL MANAGER (AUDIT) ASSAM POWER DISTRIBUTION COMPANY LIMITED BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 5:THE CHIEF GENERAL MANAGER (D AND S) ASSAM POWER DISTRIBUTION COMPANY LIMITED (CAR) BIJULEE BHAWAN Page No.# 2/4 PALTAN BAZAR GUWAHATI-781001 6:THE CHIEF GENERAL MANAGER (F AND A) PENSION ASSAM POWER DISTRIBUTION COMPANY LIMITED (CAR) BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 7:THE CHIEF GENERAL MANAGER (HRA) ASSAM POWER DISTRIBUTION COMPANY LIMITED (CAR) BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 8:THE ASSISTANT GENERAL MANAGER HAFLONG ELEC. DIVISION ASSAM POWER DISTRIBUTION COMPANY LIMITED (CAR) HAFLONG DIMA HASAO ASSAM For the appellant : Mr. B. Purkayastha, Advocate For the respondent : Ms. R.B. Bora, Jr. Govt. Advocate, Assam Mr. B. Das, S.C., APDCL – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 07-03-2025 (Vijay Bishnoi, C.J.) It is noticed that the against the judgment and order dated 05.11.2024, which is under challenge in this writ appeal, the writ petitioners of WP(C) 128/2022 and WP(C) 7109/2021 have preferred two writ appeals, being, WA 13/2025 and WA 11/2025 before this Court and this Court vide order dated Page No.# 3/4 27.02.2025 has disposed of the said two appeals. The operative portion of the order dated 27.02.2025 is reproduced hereunder:- “32. On a perusal of the conclusions drawn in the Judgment and Order dated 05.11.2024; the learned Single Judge had proceeded to reject the claim of the appellants herein, by holding that the appellants were given two financial up-gradations w.e.f., 01.01.2007 and thereafter, they were promoted to the post of Senior Meter Reader on 24.11.2014 and 02.06.2016 respectively. Accordingly, it was held that the appellants having availed one regular promotion and two financial up-gradations, they could not be entitled to a 3rd financial up-gradation. 33. The discussions made herein above, would go to reveal that the said conclusions drawn by the learned Single Judge is factually incorrect and the financial up-gradations granted to the appellants were the financial up- gradations granted to them, prior to the coming of the force of the scheme introduced vide the OM dated 30.12.2006. Further, the financial up-gradations so granted to the appellants herein, vide the Office Order dated 24.10.2008 was subsequently withdrawn. Further, the appellants would not be entitled to the said financial up-gradations on account of the fact that before introduction of the same, the appellants herein had superannuated from their services. 34. In view of the above, we are of the considered view that the conclusions drawn by the learned Single Judge being factually incorrect, would call for an interference. Accordingly, the Judgment and Order dated 05.11.2024 would not be sustainable and the same is set aside and quashed. 35. Having interfered with the Judgment and Order dated 05.11.2024, the following directions are hereby issued: - (i) The withdrawal of the financial up-gradation benefits so extended to the appellants vide the Office Order dated 24.10.2008, is upheld. (ii) The re-fixation of the pay and allowances of the appellants vide the re-fixation orders dated 10.09.2020 and 26.06.2021, are also upheld. Page No.# 4/4 (iii) The recovery of the excess pay drawn by the appellants on account of the grant of the two financial up-gradations vide the Office Order dated 24.10.2008 having already being held to be iniquitous, the respondent authorities are hereby directed to refund to the appellants herein, the amounts recovered from their pay, pension and pensionary benefits towards the excess payment of pay drawn by them, within a period of 3(three) months from the date of receipt of a certified copy of this order. 36. 36. With the above observations and directions, the present writ appeals stands disposed of.” In view of the fact that the writ appeals preferred against the impugned judgment and order dated 05.11.2024, have already been disposed of, the present writ appeal is also disposed of in terms of the order dated 27.02.2025 passed in WA 13/2025 and WA 11/2025. JUDGE CHIEF JUSTICE Comparing Assistant