WP(C) 7435/2001 BEFORE THE HON’BLE MR JUSTICE B. K. SHARMA Heard Mr. D. Mazumdar, learned counsel for the petitioner and Dr. B. Ahm ed, learned Standing Counsel, Irrigation Department. By means of this writ petition, the petitioner, who is a retired Junior Engineer (retired on 30.11.99), has prayed for a direction to the respondents to pay arrear pay and allowances amounting to Rs. 80,549/-. The prayer so made is on account of his up-gradation as Senior Grade Junior Engineer w.e.f. 1.1.1989. The period in question is from 1.1.89 to 31.7.98. By Annexure-A letter dated 5.3.2001, a proposal was made for payment of arrear pay for the period in question. It was stated in the letter that for want of budgetary allocation, no payment could be made. By Annexure-B letter dated 16.3.2001, it was conveyed that the pay of th e petitioner is required to be fixed as per FR 22(I)(a)(2). By Annexure-C letter dated 6.7.2001 addressed to the Chief Engineer, Irrigation Department, by the G overnment of Assam in the Irrigation Department, under the signature of the Depu ty Secretary, it was conveyed that no payment could be made without finalisation of the matter. The petitioner has placed reliance on the Annexure-D Office Memo randum dated 2.4.1998, by which it was laid down that on promotion/appointment to Selection Grade/Senior Grade post, pay fixation shall be regulated as per the provisions indicated in the said OM. In the proceeding dated 2.12.2010, Mr. Mazumdar, learned counsel for the petitioner admitted that the petitioner is entitled to fixation of pay as per F R 22(I(a)(2) and not under FR 22(I)(a)(i). No counter affidavit has been filed by the respondents and the matter is pending since the year 2001. In view of the above, this writ petition is disposed of directing the re spondents to finalise the matter by appropriate order, as expeditiously as possi ble, but at any rate not latter then 28.2.2011. With the above directions and observations, the writ petition stands dis posed of.