Gauhati High Court - Itanagar
Gyati Taki vs The Director Of Audit And Pension And 3 ... on 24 March, 2026
Page No.# 1/16
GAHC040018212025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : WP(C)/514/2025
Gyati Taki
Son of Late Gyati Tatum, residence of Village Hari, PO and PS Ziro, Lower Subansiri
District, Arunachal Pradesh.
VERSUS
The Director of Audit and Pension and 3 Ors
Govt of Arunachal Pradesh, Naharlagun, PO and PS Naharlagun, Papum Pare
District, Arunachal Pradesh.
2:The Secretary
Age: 0
Occupation :
Department of Administrative Reforms
Govt of Arunachal Pradesh
Itanagar
PO and PS Itanagar.
3:The Principal Secretary (Finance)
Age: 0
Occupation :
Govt of Arunachal Pradesh
Itanagar
PO and PS Itanagar.
4:The Superintending Engineer
Age: 0
Occupation :
AP Electrical Circle-V
Department of Power
Ziro
Lower Subansiri District
Arunachal Pradesh
Page No.# 2/16
Po and PS Ziro
Advocate for the Petitioner : Hage Lampu, Dani Dolley,Joram Sanjay,Khyoda Moses
Advocate for the Respondent : GA (AP), Lissing Perme,SC(Power)
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
24.03.2026 Heard Mr. H. Lampu, learned counsel for the petitioner; Ms. G. Ete, learned Additional Senior Government Advocate for the State respondent Nos. 1, 2& 3; and Mr. L. Perme, learned standing counsel for the Power Department, being respondent No. 4.
Prayers:-
2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for:-
(i) setting aside and quashing the File Noting No. AR/129/2018-ARD-
DEPTT, dated 19.08.2019, issued by the Secretary to the Department of Administrative Reforms, Government of Arunachal Pradesh, Itanagar;
(ii) issuing direction to the respondent No.1, i.e. the Director of Audit and Pension, Government of Arunachal Pradesh, Naharlagun, to cancel/rescind/re-call the letter No.Pen/AP/42414/25-26/427, dated 05.09.2025and further direct to call his Pension Papers along with the Service Book from the respondent No.4, i.e. the Superintending Engineer, Arunachal PradeshElectrical Circle - V, Ziro, Government of Page No.# 3/16 Arunachal Pradesh; and
(iii) issuing direction to the respondent No.1, i.e. the Director of Audit and Pension, Government of Arunachal Pradesh, Naharlagun,not to act upon the File Noting No. AR/129/2018-ARD-DEPTT, dated 19.08.2019, issued by the Secretary to the Department of Administrative Reforms, Government of Arunachal Pradesh, Itanagar and to settlehis Pension Papers along with the Service Book in terms of GovernmentOrder No. PWRS/E-953/2003/232, dated 30.05.2003 and Government of Arunachal Pradesh Finance Memo No.Estt-II- 200015/126/2022/215, dated11.03.2024.
Submissions:-
3. Mr. Lampu, learned counsel for the petitioner submits that the petitioner herein retired from service as Executive Engineer(E), on 30.05.2025, on attaining the age of superannuation and after his retirement, the SuperintendingEngineer, Arunachal Pradesh Electrical Circle - V, Ziro, Government of Arunachal Pradesh, vide its letter, dated 30.05.2025, submitted his Pension Papers along with the Service Book before the Director of Audit and Pension, Government of Arunachal Pradesh, Naharlagun, for settlement and authorization of his pension. But, the Director of Audit and Pension, Government of Arunachal Pradesh, Naharlagun,vide its letter dated 07.07.2025, returned the Pension Papers along with the Service Book of the petitioner with an observationthat there is some anomalous in Initial Pay Statement.
3.1. Mr. Lampu further submits that the main issue raised in the letter, dated 07.07.2025, issued bythe Director of Audit and Pension,was that since the petitioner was promoted tothe post of Assistant Engineer from the post of Junior Page No.# 4/16 Engineer, his case comes under the ACP/MACP, not under the Time Bound Promotion Scheme,which is implemented vide Government Order No. PWRS/E-
953/2003/232, dated30.05.2003.
3.2. Mr. Lampu also submits that the petitioner doesnot comes under Time Bound Promotion Scheme, and therefore, his pay is not re-regulated under Time Bound Scale and that the SuperintendingEngineer, Arunachal Pradesh Electrical Circle - V, Ziro, Government of Arunachal Pradesh, vide its letter dated 30.05.2025,clarified the same and mentioned that petitioner was promoted tothe post of Assistant Engineer on 22.08.1994, vide Government Order No.PWRS/E-447/98/Vol-II/7850-61, dated21.07.2004 and he was not in the post of Junior Engineer while the Time Bound Promotion Scheme was implemented,w.e.f 01.06.2003, vide GovernmentOrder No. PWRS/E- 953/2003/232, dated30.05.2003 and therefore, his pay was regulated under the MACP.
3.3. Mr. Lampu further submits that the Director of Audit and Pension, in spite of the fact that the petitionerwas promoted from the post of Junior Engineer to the post of Assistant Engineer, prior to implementation of Time Bound Promotion Scheme, returned his Pension Papers along with the Service Book, vide letter dated 05.09.2025, with an observation that the issue was placed before the Department of Administrative Reforms Department, Government of Arunachal Pradesh for clarification, vide e-file No.DAP-15/1/2024-(DAP), dated 26.08.2025 and directed to re-submit the Pension Papers along with the Service Book of the petitioner, once clarification is received from the Administrative Reform Department, which will be intimated. He also submits that subsequently, clarification from the Administrative Reform Department has been received and in the said clarification it advised to adhere to the advice given on 19.08.2019, Page No.# 5/16 vide File No. AR/129/2018-ARD-DEPTT.
3.4. Mr. Lampu also submits that the petitioner was promoted to the post of Assistant Engineer, on 22.08.1994, vide order No.PWRS/E-447/98/Voll-II/7850- 61, dated 21.07.2004 and he was no more in the post of Junior Engineer while Time Bound Pay was implemented,w.e.f 01.03.2003and that the same is clear from Government Order No. PWRS/E-953/2003/232, dated 30.05.2003 and Government of Arunachal Pradesh Finance Memo No.Estt-II- 200015/126/2022/215, dated 11.03.2024, that the Time Bound Promotion Scheme is applicable to serving as Junior Engineers only. As such, there is no reason at all to seek a clarification from the Administrative Reforms Department, Government of Arunachal Pradesh and thereby, delay has been caused in settlement of Pension Papers and Service Book of the petitioner by the Director of Audit and Pension.
3.5. Under such circumstances, Mr. Lampu has contended to allow this petition by setting aside the File Noting No. AR/129/2018-ARD-DEPTT, dated 19.08.2019, issued by the Secretary to the Department of Administrative Reforms, Government of Arunachal Pradesh, Itanagar.
4. Per-contra, Ms. Ete, learned Additional Senior Government Advocate for the State respondent Nos. 1, 2 & 3 submits that Time Bound Promotion Scheme was implemented,w.e.f. 01.06.2003, vide Government Order No. PWRS/E- 953/2003/232, dated30.05.2003 and the petitioner was promoted from the post of Junior Engineer to the post of Assistant Engineer and as such, his case is covered by the Time Bound Promotion Scheme and therefore, there is no fault on the part of the Director of Audit and Pension in seeking report from the Administrative Reforms Department and as such, there is no merit in this petition and accordingly, the same may be dismissed.
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5. On the other hand, Mr. Perme, learned standing counsel for the Power, being respondent No. 4, has subscribes the submission of Ms. Ete, learned Additional Senior Government Advocate for the State respondents.
Issue before the Court:-
6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record.
7. In view of the pleadings of the parties and the submissions advanced by learned counsel for the parties, the issue to be answered by this court is formulated as under:-
(i) Whether the case of the petitioner falls under the Time Bound Scheme implemented vide Government Order No. PWRS/E-953/2003/232, dated 30.05.2003 or under the ACP/MACP Scheme?
(ii) Whether the File Noting, dated 19.08.2019 of ARD Department where in it has been held that the Junior Engineers who got promotion as Assistant Engineer prior to grant of Time Bound Scale will be counted as First Time Bound Scale and therefore, he/she will be entitled to second time bound scale on completion of 24 years of service only, has any force, while the same has not been expressed in the name of the Governor as required by clause (1) of Article 166 and also not been communicated?
8. It appears that the basic facts here in this case are not in dispute. The petitionerwas retired from service as Executive Engineer(E), on 30.05.2025, on attaining the age of superannuation. Thereafter, he submitted his pension Page No.# 7/16 papers and accordingly,the Superintending Engineer, Arunachal Pradesh Electrical Circle - V, Ziro, Government of Arunachal Pradesh, vide its letter dated 30.05.2025, submitted the Pension Papers along with the Service Book of the petitioner tothe Director of Audit and Pension, Government of Arunachal Pradesh, Naharlagun, for settlement and authorization of the pension of the petitioner. But, the Director of Audit and Pension, Government of Arunachal Pradesh, Naharlagun, vide its letter dated 07.07.2025, returned the Pension Papers along with the Service Book of the petitioner with an observation that there is some anomalous in Initial Pay Statement.
8.1. It is also not in dispute that the petitioner was allowed to work as officiating Assistant Engineer vide Order dated PWRS/E-51/95-96(A)/53595-602 dated 28/08/1997. Thereafter, on recommendation of DPC he was promoted to the post of Assistant Engineer (Electrical) vide Order dated PWRS/E-447/98(A) dated 12/03/2001. His promotion to the post of Assistant Engineer was due in the year 1994. But as such benefit was denied to him, he approached this court by filing a Writ Petition, being Writ Petition No. 204(AP)/2001, and the said petition was allowed granting his prayer. Then on recommendation of subsequent DPC, he was promoted to the post of Assistant Engineer (Electrical) with effect from 22.08.1994, vide order dated PWRS/E-447/98/Vol. II, dated 20/07/2004.
8.2. Indisputably, the Time Bound Promotion Scheme, was implemented vide Government Order No. PWRS/E-953/2003/232, dated 30.05.2003. The said order read as under:-
Government of Arunachal Pradesh Department of Power, Itanagar Page No.# 8/16 Dated Itanagar the 30th May 2003 ORDER The Governor of Arunachal Pradesh is please to enhance the entry grade pay scale in respect of the Junior Engineers working under PWD, power, PHE, RWD, IFCD, UD, RD, APEDA, and Sports Deptts. Under Govt. of Arunachal Pradesh as indicated below with effect from 01/06/2003
1.Last Grade pay Scale-Existing Pay scale--Enhance pay scale Rs. 1500-125-4000/-Rs. 4500-125-7000/-Rs. 5500-175-9000/-
2. It is further order the following pay scale will be conferred on them after completion of 12 years and 24 years of services respectively.
After 12 years- Rs. 8000-275-10500/- After 24 years- Rs. 10000-175-16500/-
3.The above pay revision will also cover Junior Engineers serving with special designation like extension Officers (RuralEngineering), Assistant Urban Program Officer, ArchitecturalAssistant, Town Planner Asstt. Etc. (those having diploma qualification and engaged in Engineering jobs).
4. The fixation of pay in the enhance pay scale under this order with effect from 1-6-2003 shall be regulated is as under:
(i) The pay shall be fixed at the same stage as which the pay is drawn by the incumbent. If there is such a stage in the existing scale, or at the next higher stage in the enhance pay scale. If there no such stage.
(ii) If the pay is fixed at the same stage, the next date of increment should be counted from the date on which it would have acquired in the existing scale;
(iii) If however the pay is fixed at the next higher stage, the next date of incumbent should be granted after completion of the normal incremental period of 12 months in the enhance pay scale.
(iv) Page No.# 9/16 (M.K Parida) IAS Commissioner & secretary (power), Govt of Arunachal Pradesh Dated Itanagar, the 30* May 2003
9. The main contention of the Director of Audit and Pension, in its affidavit in opposition is that since the petitioner was promoted from the post of Junior Engineer to the post of Assistant Engineer, he is not covered under the ACP/MACP, but by the Time Bound Promotion Scheme, implemented vide Government Order No. PWRS/E-953/2003/232, dated 30.05.2003. The said contention is based upon an Office Note of the Administrative Reform Department, dated 19.08.2019. Said Note read as under:-
Ref pre-page notes.
The matter regarding grant of pay up-grading under Modified Assured Career Progression Scheme to Junior Engineers has been examined as per existing rules and guidelines.
In this connection, it to inform that the Junior Engineers are entitled to 2 (Two) Times Bound Scales on completion of 12 years continuous regular in the pay scale of Assistant Engineer as First Time Bound Scale and on completion of 24 years of regular service in the pay scale of Executive Engineer as second Time Bound Scale as per Government Order No. PWRS/E-953/2003/232 dated 30/5/2003. So, all the individuals who were initially appointed to the post of Junior Engineer whether he/she secure promotion to Assistant Engineer or not are entitled to Time Bound Scale and not ACPS or MACPS. The Junior Engineer who got promotion as Assistant Engineer prior to grant of Time Bound Scale will be counted as First Time Bound Scale on completion of 24 years of service only.
The above Time Bound Scale was notified by the Department of Page No.# 10/16 Power vide No. PWRS/E-953/2003/232 dated 30/5/2003. Unless the department of power decides to switch over the MACP Scheme, no individual can opt for switch over to MACPS. This will result in double benefit and the Time Bound Scale and the Modified Assured Career Progression Scheme (MACPS) cannot run concurrently under condition No. 13.
Therefore, the Department is advised to settle the matter accordingly.
This is issued with the approval of Secretary to the Government of Arunachal Pradesh, Department of Administrative Reforms.
Sd/ Mari Angu Dated Mon, Aug-19 16:35:19 IST 2019 Commissioner (PWD) 9.1. However, it appears that while the Director, Audit and Pension Department has sought for an opinion of the Administrative Reform Department, then it had again on 13.10.2025, (Annexure-K of the affidavit in opposition of respondent No. 1,) has directed to the Director Audit and Pension to follow the advice given on 19.08.2019. Said opinion is read as under:-
The proposal of the department has been re-examined in terms of records placed on the Departmental e-file.
The Department seems to have re-submitted this file without observing the advice rendered to them on 19.08.2019.
Therefore, the Department of Administrative Reforms re-iterates its earlier advice dated 19/08/2019.
This is issued with the approval of Secretary to the Government of Arunachal Pradesh, Department of Administrative Reforms, Itanagar.
Page No.# 11/16 Digitally signed by Dr Mari Angu Date: 13-10-2025, 16:29:37 Joint Secretary Govt. of Arunachal Pradesh Itanagar 9.2. Admittedly,this File Note, dated 19.08.2019 of ARD Department, where in it has been held that the Junior Engineers who got promotion as Assistant Engineer prior to grant of Time Bound Scale will be counted as First Time Bound Scale and therefore, he/she will be entitled to second time bound scale on completion of 24 years of service only, has not been expressed in the name of the Governor as required by clause (1) of Article 166 and also not been communicated to any other department. In that view of the matter, what is to be looked into is whether this File Note has any legal sanctity?
9.2. Hon'ble Supreme Court, while dealing with the issue of importance of a File Noting in Mahadeo & Ors. versus Smt. Sovan Devi & Ors. in Civil Appeal No. 5876 of 2022, (arising out of S.L.P. (C) No. 20839 of 2021), held as under:-
"It is well settled that inter-departmental communications are in the process of consideration for appropriate decision and cannot be relied up on as a basis to claim any right. This Court examined the said question in a judgment reported as Omkar Sinha v. Sahadat Khan, reported in 2022 SCC OnLine SC 601. Reliance was placed on Bachhittar Singh v. State of Punjab, reported in AIR 1963 SC 395, to hold that merely writing something on the file does not amount to an order. Before something amounts to an order of the State Government, two things are necessary. First, the order has to be expressed in Page No.# 12/16 the name of the Governor as required by clause (1) of Article 166 and second, it has to be communicated. As already indicated, no formal order modifying the decision of the Revenue Secretary was ever made. Until such an order is drawn up, the State Government cannot, in our opinion, be regarded as bound by what was stated in the file."
9.3. Again, in the case of Municipal Committee v. Jai Narayan & Co. 2022 SCC OnLine SC 376, while dealing the same issue, it has held that a noting recorded in the file is merely a noting simpliciter and nothing more. It merely represents expression of an opinion by the particular individual. It was held as under:
"16. This Court in a judgment reported as State of Uttaranchal v. Sunil Kumar Vaish, (2011) 8 SCC 670 held that a noting recorded in the file is merely a noting simpliciter and nothing more. It merely represents expression of opinion by the particular individual. By no stretch of imagination, such noting can be treated as a decision of the Government. It was held as under:-
"24. A noting recorded in the file is merely a noting simpliciter and nothing more. It merely represents expression of opinion by the particular individual. By no stretch of imagination, such noting can be treated as a decision of the Government. Even if the competent authority records its opinion in the file on the merits of the matter under consideration, the same cannot be termed as a decision of the Government unless it is sanctified and acted upon by issuing an order in accordance with Articles 77(1) and (2) or Articles 166(1) and (2). The noting in the file or even a decision gets culminated into an order affecting right of the parties only when it is Page No.# 13/16 expressed in the name of the President or the Governor, as the case may be, and authenticated in the manner provided in Article 77(2) or Article 166(2). A noting or even a decision recorded in the file can always be reviewed/reversed/overruled or overturned and the court cannot take cognizance of the earlier noting or decision for exercise of the power of judicial review.(See State of Punjab v. Sodhi Sukhdev Singh AIR 1961 SC 493, Bachhittar Singh v. State of Punjab, AIR 1963 SC 395, State of Bihar v. Kripalu Shankar (1987) 3 SCC 34, Rajasthan Housing Board v. Shri Kishan (1993) 2 SCC 84, Sethi Auto Service Station v. DDA (2009) 1 SCC 180 and Shanti Sports Club v. Union of India (2009) 15 SCC
705)."
9.4. In view of the aforesaid proposition of law, this court afraid the said File Note, dated 19.08.2019 of Administrative Reform Departmentdoes not carry any legal sanctity. In view of the given factual and legal position the Issue No. II has to be answered in negative, and accordingly, the same stands answered.
10. And admittedly, on the basis of the said File Note, dated 19.08.2019 and its subsequent opinion,Dated 13.10.2025, the pension paper and service book of the petitioner has not yet been settled.
10.1. Mr. Lampu, learned counsel for the petitioner, referring to the Annexure - H, at page No. 95 of the petition, submits that the said order, dated 30.05.2003, indicates that the same is applicable to the Junior Engineers, who are working under PWD, RWD, IFCD, UD, RD, APEDA and Sports Departments under the Government of Arunachal Pradesh and the same will also cover Junior Engineers, who are serving with special designations like Extension Officer (Rural Engineering), Assistant Urban Programme Officer, Architectural Assistant, Page No.# 14/16 Town Planner Assistant etc. 10.2. It also appears that entry grade pay scale in respect of the Junior Engineers, who are working under PWD, RWD, IFCD, UD, RD, APEDA and Sports Department, is implemented w.e.f. 01.06.2003. Whereas, the petitioner was promoted to the post of Assistant Engineer with effect from 22.08.1994, vide order dated 20.07.2004. Further, there is no indication in the order dated 30.05.2003, that it will be applicable with retrospective effect.
10.3. Moreover, from a perusal of the Annexure No. 11, an Office Memorandum, issued by the Principal Secretary, Finance Govt. of Arunachal Pradesh, Itanagar indicates that the Pay scale of Junior Engineers, under the Government of Arunachal Pradesh, under Time Bound Scale: -Rs-8000-275- 13500/- Level-10 (after completion of 12 years of regular service.) -RS-10000- 375-16500/- Level-11 (after completion of 24 years of regular service.)And date of effect is 01.01.2006, and their pay will be fixed notionally with actual financial benefits w.e.f. 01.01.2016 without arrears. This order will applicable 10 the serving Junior Engineers only.
10.4. The said Office Memorandum is read as under:-
OFFICE MEMORANDUM Sub:- Clarification on pay scale of the Junior Engineers of various Engineering departments of Govt. of Arunachal Pradesh with respect to OM No. FIN/E-11/22/2008, Dated Itanagar the 28th August,2009.
It is hereby clarified that the Pay scale of Junior Engineers under the Government of Arunachal Pradesh, under Time Bound Scale:-Rs-8000-275-13500/- Level-10 (after completion of 12 years of regular service.)-RS-
Page No.# 15/16 10000-375-16500/- Level-11 (after completion of 24 years of regular service.) And date of effect is 01.01.2006 and their pay will be fixed notionally with actual financial benefits w.e.f. 01.01.2016 without arrears. This order will applicable 10 the serving Junior Engineers only.
The O.M No.Est-II-20015/126/2022-ESTT-II-FPID, E-No.85956 Dated Itanagar the 06th March 2023 stands cancelled. This issues with the approval of the Competent Authority.
Sd/-
Principal Secretary, Finance Govt. of Arunachal Pradesh Itanagar.
Dated Itanagar the 11' March'2024.
Memo No. Estt-lI-20015/126/2022/2/5 10.5. In that view of the matter, the case of petitioner comes under the ACP/MACP Scheme and his case will never come under the purview of Time Bound Scheme implemented vide Government Order No. PWRS/E- 953/2003/232, dated 30.05.2003. Mr. Lampu, the learned counsel for the petitioner has rightly pointed this in his argument and this court finds sufficient force in his submission.
10.6. In view of the aforesaid discussion and finding theIssue No. I, as formulated herein above, is answered in negative. And accordingly, the same stands answered.
Conclusion:-
11. In view of the given factual and legal position, this court is of the considered opinion that repeated returning of the Pension Papers along with the Service Book of the petitioner by the Director of Audit and Pension is illegal and Page No.# 16/16 arbitraryand on such count, the action of the respondent authority, warrants interference of this court.
12. In the result, this court finds sufficient merit in this appeal and accordingly the same stands allowed, granting following relief(s):-
(i) The File Note No. AR/129/2018-ARD-DEPTT, dated 19.08.2019, issued by the Secretary to the Department of Administrative Reforms, Government of Arunachal Pradesh, Itanagar stands set aside and quashed as it failed withstands the legal scrutiny.
(ii) By a mandamus of this court, the Director of Audit and Pension,Government of Arunachal Pradesh, Itanagar is directed and to settle the Pension Papers along with the Service Book of the petitioner in terms of Government Order No. PWRS/E-953/2003/232, dated 30.05.2003 and Government of Arunachal Pradesh Finance Memo No. Estt-II-200015/126/2022/215, dated 11.03.2024.
(iii) The aforementioned exercise has to be carried out within a period of 3 (three) weeks from the date of receipt of the certified copy of this order.
13. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities, especially before the respondent No. 1, i.e. the Director of Audit and Pension, Government of Arunachal Pradesh, Naharlagun, within a period of one week from today.
JUDGE Comparing Assistant