Page No.# 1/8 GAHC010236342018 2025:GAU-AS:15874 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7561/2018 SASHADHAR PATOWARY S/O- LATE H C PATOWARY, GUWAHATI PUBLIC SCHOOL ROAD, PANJABARI, BATAHGHULI, P.O- BHAGARBARI, P.S- SATGAON, KAMRUP(M), GUWAHATI- 781037 VERSUS THE A.P.D.C. LTD. AND 3 ORS. REP. BY THE HON'BLE CHAIRMAN, ASEB, BIJULEE BHAWAN, PALTAN BAZAR, GUWAHATI- 781001 2:THE CHIEF GENERAL MANAGER(D) APDCL LAZ BIJULEE BHAWAN PALTANBAZAR GUWAHATI- 781001 3:THE CHIEF GENERAL MANAGER (F AND A) APDCL BIJULEE BHAWAN PALTANBAZAR GUWAHATI- 781001 4:THE EXECUTIVE ENGINEER GUWAHATI ELECTRICAL DIVISION (C) ASEB ULUBARI GUWAHATI- 78100 Advocate for the Petitioner : MR. D KONWAR, MR U RONGPI,MR. B BARUAH,MR. B K DAS Page No.# 2/8 Advocate for the Respondent : SC, APDCL, Linked Case : WP(C)/1338/2020 SASHADHAR PATOWARY S/O LT. HARI CHARAN PATOWARY GUWAHATI PUBLIC SCHOOL ROAD PANJABARI BATAHGHULI P.O. BHAGARBARI P.S. SATGAON GUWHATI-781037 DIST. KAMRUP (M) ASSAM VERSUS THE ASSAM STATE ELECTRICITY BOARD AND 2 ORS. REP. BY THE CHAIRMAN BIJULEE BHAWAN PALTANBAZAR GUWAHATI-781001 2:THE CHIEF GENERAL MANAGER (D) APDCL (LAR) BIJULEE BHAWAN PALTANBAZAR GUWAHATI-781001 3:THE ASST. GENERAL MANAGER (F AND A) PENSION AEGCL BIJULEE BHAWAN PALTANBAZAR GUWAHATI-781001 ------------ Advocate for : MR. D KONWAR Advocate for : SC APDCL appearing for THE ASSAM STATE ELECTRICITY BOARD AND 2 ORS. BEFORE Page No.# 3/8 HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 10-11-2025 Heard Mr. B. Baruah, learned counsel for the petitioner in the above noted writ petitions. Also heard Mr. B. Choudhury, learned standing counsel, APDCL appearing for the respondents in the above noted writ petitions. 2. The above noted writ petitions having found to have raised common and inter- connected issues, with the consent of the learned counsel for the parties, were taken up for hearing analogously and are being disposed of by this order. 3. The facts in brief requisite for adjudication of the issues arising in the present writ petitions is noticed as under: The petitioner in the above noted writ petitions had joined his service as Meter Reader and subsequently promoted as Sr. Meter Reader. While serving as Sr. Meter Reader, the petitioner, herein, was subjected to a departmental proceeding. On conclusion of the departmental proceeding, the Disciplinary Authority vide order dated 23-05-2003, imposed penalty of demotion to a lower post upon the petitioner, herein. Accordingly, the petitioner was demoted to the post of Meter Reader. The Disciplinary Authority vide the order dated 23-05-2003, further stipulated that on being demoted, the seniority of the petitioner would be placed first amongst the incumbents in the cadre of Meter Reader, however, he would be eligible for promotion to the post of Sr. Meter Reader only upon completion of 05 (five) years of satisfactory service. It was further stipulated that on his reversion, the pay of the petitioner shall be fixed at the maximum of the time scale as Page No.# 4/8 authorised to the post of Meter Reader. In pursuance to the said order dated 23-05-2003, the petitioner, herein, was reverted to the post of Meter Reader, however, he had not joined his service and was on leave. The petitioner ultimately joined his services on 10- 03-2006. It may be noted that the petitioner had presented a challenge to the order dated 23-05-2003, before this Court by way of instituting a writ petition being W.P.(C) No. 4598/2003 and the Coordinate Bench of this Court vide order dated 24-10-2011 had negated the said challenge. However, in the said order, it was provided that the continuity of the service of the petitioner shall be maintained even for the period of suspension and the period shall count towards pension. The petitioner, thereafter, on completion of 05 (five) years of service, pursuant to assumption of charge, after his order of reversion, i.e. w.e.f. 10-03-2006, came to be promoted to the post of Sr. Meter Reader, w.e.f. 12-10-2011 vide order dated 03-11-2011. The petitioner, thereafter, on attaining the age of superannuation retired from his service on 31-12-2011. The petitioner, at this stage, had instituted the W.P.(C) No. 1172/2018, seeking parity of pension with other similarly situated employees. The Coordinate Bench of this Court vide order 09-05-2019 proceeded to dispose of the said writ petition by holding that the petitioner would be entitled to the revised Grade Pay in the post of Meter Reader, coming into effect from time to time and also would be entitled to treat the entire period of leave for the purpose of fixing his pay scale and consequently, his pay scale in the next higher grade of Senior Meter Reader needs to be rectified. It is seen that pursuant to the direction passed by this Court vide order dated 09- Page No.# 5/8 05-2019 in W.P.(C) No. 1172/2018, the respondent authorities had fixed the pay of the petitioner, herein, and accordingly, the pension of the petitioner was also re-fixed and his arrears released to him. 4. In pursuance to the said developments, the petitioner has approached this Court by way of instituting a writ petition being W.P.(C) No. 7561/2018, inter-alia, praying therein for being granting his appropriate scale of pay on his reversion from the post of Sr. Meter Reader to that of Meter Reader. 5. During the pendency of the W.P.(C) No. 7561/2018, the petitioner raising a grievance with regard to the manner in which his pension came to be fixed approached this Court by way of instituting W.P.(C) No. 1338/2020, inter-alia, praying therein that the pension and pensionary benefits of the petitioner be authorised to him by maintaining parity with the similarly situated Meter Readers who were promoted to the post of Sr. Meter Reader proximate to the promotion of the petitioner, herein. 6. I have heard the learned counsel for the parties and also perused the materials available on record. 7. The facts as noticed, hereinabove, are not in dispute. It is to be noted that the petitioner on being imposed with the penalty of demotion to the lower post, i.e. the post of Meter Reader, the Disciplinary Authority had stipulated that the pay of the petitioner would be fixed at the maximum of the scale of pay authorised at the relevant point of time, to the post of Meter Reader. The petitioner was vide order dated 31-05-2003, released from the post of Sr. Meter Reader and he was directed to join against the post of Page No.# 6/8 Meter Reader in the establishment of the Assistant Executive Engineer, Sonapur Electrical Sub-Division, ASEB, Sonapur. It is seen that the petitioner, thereafter, had not resumed his services and had remained on leave, w.e.f. 01-06-2003 till 09-03-2006. On 10-03-2006, the petitioner resumed his services against the post of Meter Reader, in pursuance to his order of demotion. What is to be noted in the present proceeding is that the respondent authority vide order dated 26-03-2007 had regularised the absence of the petitioner w.e.f. 31-05-2003 to 09-03-2006, as leave by granting to him Earned Leave, Commuted Leave, Half Average Pay Leave and Extra Ordinary Leave. The grievance of the petitioner is that he was authorised his pay and allowance at a lower stage than that authorised to the persons holding the post of Meter Reader along with him at the relevant point of time and also that he was authorised his pension and pensionary benefits at a lower stage. The respondent, by filing an additional affidavit in WP(C) No. 1338/2020, have contended that after the order was passed by this Court in W.P.(C) No. 1172/2018, the pay of the petitioner was re-fixed at the stage of Rs. 6496/- in the pay scale authorised to the post of Meter Reader, w.e.f. 10-03-2006 only. An error has accordingly occasioned with regard to the date of effect given to the re-fixation of the pay of the petitioner in terms of the directions passed by this Court in the earlier writ petitions, noticed, hereinabove. The period of suspension of the petitioner was to be reckoned as on duty for the purpose of fixation of pay. Thereafter, the petitioner having been demoted to the post of Meter Reader, w.e.f. 31-05-2003, his pay in the post of Meter Reader is to be fixed not from 10- 03-2006 but from 31-05-2003. However, the petitioner, herein, would not be entitled to any pay and allowances for the period w.e.f. 31-05-2003 to 10-03-2006, except the pay Page No.# 7/8 which would normally be available to him, on account of the nature of the leave granted to him. The fixation of pay of the petitioner accordingly is not found to have been fixed by the respondent authorities, on his revision to the post of Meter Reader in the manner required, accordingly the pay of the petitioner also cannot be held to have also been correctly fixed on his promotion as Senior Meter Reader. 8. In view of the conclusions reached by this Court with regard to the manner in which the pay of the petitioner was fixed in the cadre of Meter Reader and also subsequently on his promotion against the post of Senior Meter Reader, this Court is of the considered view that in the event the respondents are directed to re-fix the pay of the petitioner w.e.f. 31-05-2003 against the post of Meter Reader in terms of the order dated 23-05-2003, the grievance of the writ petitioner shall stand redressed. 9. In view of the above, the respondent, more particularly, the respondent No. 2 is directed to re-fix the pay of the petitioner in the post of Meter Reader, w.e.f. 31-05-2003 in terms of the order dated 23-05-2003 and thereafter, by taking into consideration the pay scale coming into force on revision of pay being effected, fix the pay of the petitioner as on 10-03-2006. The arrear of pay, w.e.f. 10-03-2006 occasioning on account of the said re-fixation be released to the petitioner within a period of 02 (two) months from the date of receipt of a certified copy of this order. 10. The pay of the petitioner, herein, although directed to be re-fixed w.e.f. 31-05- 2003, he would not be entitled to any arrear salary w.e.f. 31-05-2003 to 10-03-2006, excepting the pay which he would be entitled to on account of the nature of the leave granted to him. On his re-fixation of pay as on 10-03-2006, the respondents would, fix his Page No.# 8/8 pay as on date of his promotion to the post of Sr. Meter Reader w.e.f. 12-10-2011 and also release to him the arrears thereof. The revision of pay now directed to be carried out in the matter in terms of the direction passed, hereinabove, would also mandate a revision of the pension and pensionary benefits of the petitioner. The respondent authority shall carry out the revision with regard to the pension and pensionary benefits basing on the pay that would now be authorised to the petitioner on the date of his superannuation, after carrying out the revision as directed, hereinabove. The arrear of pension and pensionary benefits due to the petitioner shall be released to the petitioner within a period of 06 (six) months from today. 11. It is to be noted that the arrears now working out shall be paid to the petitioner after deducting the amounts already paid in terms of the earlier revision carried out in the matter by the respondent authorities. 12. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant