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Coming to the present case, there is no dispute that on upgradation/promotion from Junior Engineer to Junior Engineer (Senior Grade), the incumbent would be entitled to higher scale of pay. The bone of contention is that if the provisions of FR 22 (1) (a) (1) is held to be applicable, it would result in additional increment to the promotees.

Therefore, in the light of the above, the controversy boils down to the question as to whether on their upgradation/promotion to the Senior Grade, Junior Engineers discharge duties and responsibilities of greater importance than what they discharge. For this purpose, we have already noticed that on the direction of this Court, a High Powered Committee was constituted, which opined that Junior Engineers (Senior Grade) discharge same duties and responsibilities as Junior Engineers. Recommendation of the High Powered Committee dated 22.08.2002 reads as under: -

"During the discussion, all the members of the works departments unanimously apprised that factually there is no difference in entrustment and performance of works of the Junior Engineers (Sr. Grade) and Junior Engineers. There are also no departmental rules, manuals or O.M. through which specific duties and responsibilities were separately entrusted to the Junior Engineers (Sr. Grade) and the Junior Engineers of the works departments.

In view of the above, it was decided that there is no difference of works, duties and responsibilities amongst the Junior Engineers (Sr. Grade) and the Junior Engineers. The Sr. Grade scale of pay is mainly extended with the objective of providing a higher scale of pay to the long experienced Junior Engineers.

In view of the position as above, the Committee did not find any justification to the claim of allowing fixation benefit in the scale of pay of Junior Engineer (Sr. Grade) under FR 22 (1) (a) (1) of the FRs and SRs. Rather it is found justifiable to fix the pay under FR 22 (1) (a) (2)."

Though a different view was taken by the then Addl. Chief Secretary, Sri JP Rajkhowa, the same was subsequently clarified by the State. Chief Secretary, Govt. of Assam filed an affidavit before the learned Single Judge stating that the earlier writ appeal was filed by the Finance Department with the approval of the Chief Secretary and that the stand taken in the writ appeal as well as in the affidavit filed by the Finance Department reflects the stand of the State Government in the matter. The Chief Secretary further informed the Court that the entire matter was once again reviewed and it was the unanimous view that there is absolutely no difference in the nature of duties performed and responsibilities shouldered by the Junior Engineers (Senior Grade) and the Junior Engineers serving in the Works Departments. Accordingly, it was declared that pay of the Senior Grade Junior Engineers should be fixed under FR 22 (1) (a) (2).