WP(C) 1821/2003 BEFORE THE HON’BLE MR JUSTICE B.P. KATAKEY The petitioner, who is now working as Electrical Inspect or in Power Department, Government of Assam, by the present petition is seeking a direction to the respondent authorities to protect his pay at the time of his initial appointment as Deputy Electrical Inspector made vide order dated 16th No vember, 1993. I have heard Mr. S.U. Mazumdar, learned counsel for the petitioner and Mrs. V.L. Singh, learned State Counsel appearing for the responde nts. It is the contention of the learned counsel that the pet itioner was initially appointed as Engineering Technician (Electrical), Grade-I on 9th January, 1979 in Regional Engineering College, Silchar, which appointment though was on probation for 1 (one) year, his services were confirmed in the Re gional Engineering College, Silchar vide order dated 31st June, 1987 as Junior E ngineer, since the nomenclature of Engineering Technician of Grade-I had been ch anged as Junior Engineer. According to the learned counsel, pursuant to the adv ertisement issued by the Assam Public Service Commission (APSC) on 6th March, 19 92 for recruitment to the post of Deputy Electrical Inspector in Power Departmen t, Government of Assam, which requires the experience, he filed application for such selection and accordingly, his name was recommended by the APSC for appoint ment to the said post. The order of appointment dated 16th November, 1993 was t hereafter, issued. The petitioner’s further case is that since his pay, as with drawn by him as Junior Engineer in Regional Engineering College, was not protect ed while fixing the pay on his appointment as Deputy Electrical Inspector in the Power Department, Government of Assam, he filed several representations before the authority for protection to his pay and though some enquiries were made, no final decision has been taken, which necessitated the petitioner to approach thi s Court. Though no affidavit-in-opposition has been filed by the respondents despite pendency of the writ petition for more than 7 (seven) years, Mrs. Singh, the learned State Counsel appearing for the respondents has submitt ed that 2 (two) conditions are required to be fulfilled for claiming the pay pro tection, namely (i) that the petitioner must be serving in any other Government Department prior to his appointment as Deputy Electrical Inspector vide order da ted 16th November 1993 and (ii) he must apply to the said post through proper ch annel. According to the learned State Counsel, an enquiry to that effect, as it appears from the communications dated 22nd September, 2000 issued by the Chief E lectrical Inspector-cum-Advisor, Government of Assam and 27th November, 2001 iss ued by the Joint Secretary, Government of Assam, Education (CTM) Department to t he Director of Technical Education, Assam, was made but no final decision has be en taken by the authority till date. Reply to the submission made by the learned State Counse l, Mr. Mazumdar, the learned counsel for the petitioner has submitted that the p etitioner prior to his appointment as Deputy Electrical Inspector in the Power D epartment of Government of Assam on 16th November, 1993 having been appointed in Regional Engineering College, which is a Society registered under the Societies Registration Act having pervasive control of the Central Government and the Sta te Government, the pay of the petitioner in Regional Engineering College for the purpose of fixation of his pay in the post of Deputy Electrical Inspector in Po wer Department has to be taken into consideration and accordingly, the pay prote ction has to be given to the petitioner. It appears from the materials made available by the peti tioner alongwith the writ petition that since his appointment as Deputy Electric al Inspector on 16th November, 1993, he is claiming the pay protection. Some en quiries at some stage were thereafter made by the respondent authorities, howeve r, without any result. The Chief Electrical Inspector-cum-Advisor issued a comm unication dated 22nd September, 2000 to the petitioner to furnish certain inform ations with supporting documents, which the petitioner replied vide communicatio n dated 6th December, 2000. Thereafter, the Joint Secretary to the Government o f Assam, Education (CTM) Department issued the communication dated 27th November , 2001 to the Director of Technical Education, Assam enclosing therewith a commu nication dated 8th October, 2001 alongwith the copy of the last pay certificate in respect of the petitioner in the post of Junior Engineer (Electrical), Sr. Gr ade in Regional Engineering College requesting the Director to intimate as to wh ether the services rendered by the petitioner was a Government service so as to decide the claim of the petitioner for pay protection. Unfortunately, no decisi on has been taken by the authority till date despite the fact that the petitione r since insisted for his pay protection. The petitioner having claimed the benefit of pay protect ion, the authority cannot sit over the matter for an indefinite period of time, as has been done in the instant case. The authority is duty bound to decide the said issue, which has not been done till date. In view of the above, the writ petition is disposed of w ith a direction to the respondent No.1, namely the Commissioner and Secretary to the Government of Assam, Power (Electricity) Department, to pass necessary orde r relating to the grievance of the petitioner for pay protection on his appointm ent as Deputy Electrical Inspector vide order dated 16th November, 1993. The ne cessary speaking order in that regard shall be passed by the Commissioner and Se cretary, Government of Assam, Power (Electricity) Department within a period of 30 (thirty) days from the date of production of the certified copy of this order alongwith a copy of the writ petition and its annexures appended thereto to be furnished by the petitioner before the said authority. The writ petition is accordingly disposed of, as indicat ed above. No cost.