MC 447/2010 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA MC No.447/2010 In WP(C) No.5128/2006 Heard Ms. E Sarma, learned counsel appearing for the applicants. Also he ard Mr. BJ Ghosh, learned State counsel appearing for the respondent Nos.1 and 2 and Mr. P Sundi, learned counsel appearing for respondent Nos.3 and 4. This application has been filed praying for releasing the VRS amount to the applicants/writ petitioners in the revised scale of pay as has been allowed by the Govt. Notification No.CI.176/99/233 dated 20.01.10 to the employees of th e ASIDC Ltd. and the consequential order dated 21.05.10 issued by the Managing D irector, ASIDC Ltd. The fourteen applicants herein are the writ petitioners in the connected writ petition being WP(C) No.5128/06. They are the permanent employees of Assam Small Industries Development Corporation Ltd. (’ASIDC’ for short). The petition ers opted for VRS as introduced by the Department of Public Enterprises, Govt. o f Assam. However, later on, the model which sanctioned higher amount of money wa s modified by the ASIDC based on pre-revised scale of pay making the revised sch eme sanctioned smaller amount than the earlier statement of accounts. However, r ecently, ASIDC on the basis of the Cabinet decision and notification dated 23.11 .09 issued by the Commissioner and Secretary, Public Enterprise Department agree d to pay VRS on the revised scale of pay at least to 2 units of the ASIDC. In this regard, Ms Sarma, learned counsel appearing for the applicants has drawn the attention of this Court to the Annexures-A and B, the communication dated 2 0.01.10 issued by the Joint Secretary to the Govt. of Assam, Industries and Comm erce Department and the order dated 25.01.10 issued by the Managing Director, AS IDC and has submitted that as per the aforesaid two communications, the petition ers are allowed to draw the revised pay and allowances as per ROP Rules 1998 in their respective corresponding scale of pay as recommended by the Pay Commission . The Communication dated 20.01.10 and 25.01.10 are quoted hereunder: GOVERNMENT OF ASSAM INDUSTRIES AND COMMERCE DEPARTMENT BLOCK ’C’, 2ND FLOOR DISPUR :: GUWAHATI-6 No.CI.176/99/233 Dated, Dispur, the 20th January 2010 From: Shri DK Baruah, Joint Secretary to the Government of Assam, Industries & Commerce Department. To: The Managing Director, Assam Small Industries Development Corporation Ltd. Bamunimoidam, Guwahati-21. Sub: Implementation of ROP ’98 in ASIDC Ltd. Ref: No.SIDC/Ad/115/99-2000/Pt/975, dated 30.11.2009 Sir, With reference to your letter cited above on the subject I am directed t o say that Industries & Commerce Department have no objection for implementation of pay scales prescribed in the Assam Services (ROP) Rules 1998 in respect of t he employees of ASIDC Ltd. subject to the condition that all the conditions of F inance PRU Department’s letter No.FPC.32/95/64, dated 15.10.98 (copy enclosed) a re met and entire financial burdens for the purpose of making payment of the rev ised pay scale and other benefits will be borne by ASIDC’s resources. No fund or financial support will be provided by the Government at prese nt or in future for the purpose. Enclo: As sated. Yours faithfully, Sd- Joint Secretary to the Government of Assam Industries & Commerce Department. O R D E R In pursuant of the approval of the Govt. of Assam, I & C Deptt. vide No. CI.176/99/233 Dt.20.01.2010, all the eligible employees are hereby allowed to dr aw the revised pay & allowances as per R.O.P. ’98 in their respective correspond ing scale of pay as recommended by the Pay Commission. Managing Director, ASIDC Ltd. Memo No.SIDC/AD/232/2010-11/990 dt.25.01.10. Copy for information & necessary action to: 1) I/C- Manager & ASIDC Ltd. 2) All Divisional Heads/BOs/ZOs/units Sd- Managing Director ASIDC Ltd. In view of the specific stand of the Government as would reveal from the aforesaid communications, this miscellaneous application is disposed of with a direction to the respondent Nos.3 and 4 to implement the orders dated 20.1.10 an d 25.1.10 by allowing to draw the revised pay and allowances to all the eligible petitioners as per ROP Rules 1998 in their respective corresponding scale of pa y as recommended by the Pay Commission as expeditiously as possible but not late r than 6 (six) weeks from today.