WA 363/2011 BEFORE HON’BLE THE CHIEF JUSTICE MR. A.K. GOEL HON’BLE MR. JUSTICE CR SARMA This appeal has been preferred against order of learned Single Judge declining t o interfere with the order of transfer of the appellant from Silchar Polytechnic to Dibrugarh Polytechnic to the vacant post of Junior Assistant. The appellant joined service as Lower Division Assistant (LDA) under Community P olytechnic Cell in January, 1994. Thereafter, vide order dated 19.4.95, he was a sked to discharge duties as Field Assistant against existing vacancy and a propo sal was submitted to regularize him in that post. Since no final decision was ta ken on the regularization proposal, the appellant filed a writ petition in this Court which was disposed of vide order dated 15.11.1995 directing the concerned authority to take a decision in the matter. In compliance thereof, order dated 1 8.9.96 was passed temporarily appointing him as Field Assistant. Thereafter, he was allowed to draw higher scale as Senior Instructor with effect from 1.5.2005. Order, to this effect, was passed on 27.2.2006, which is reproduced below:- In pursuance of Govt. letter No.TEC 148/92/Pt/104 dt. 22.9.03 the undersigned a fter careful consideration is pleased to allow Sri Rajiv Chakravorty, Field Asst t. Of Silchar Polytechnic in the scale of Rs.3010-50-3490-90-3850-EB-90-4480-120 -5200-175-6075/- p.m. to draw the pay in the scale of pay of Rs.3580-90-4480-120 -4760-EB-120-5200-175-6600-250-6100-325-8750/- p.m. with effect from 1.5.2005. This was followed by the order dated 2.3.2006 fixing his pay at Rs.3850/- as fol lows:- Pay fixation statement of Sri Rajib Chakraborty, Field Asstt. Community Polytec hnic Cell attached to Silchar Polytechnic due to grant of higher scale of pay to Shri Rajib Chakraborty, Field Asstt. Com. Poly. Cell, Silchar Polytechnic vide DTE’s order Memo No.TE(E)A-75/2004/1102-4, dt-27/2/06 with effect from 1/5/05. Field Asstt. Pay scale Sr. pay scale 3010-60-3490-90-3850-EB- 3580-90-4480-120-4760- 90-4480-120-5200-175- EB-120-5200-175-6600- 6075/- PM 250-8100-325-8750/- p.m. Pay as on 30/4/05 - Rs.3670/- Pay fixed at Rs.3850/- + 90/- p.m. on 1/5/05. Rs.3760/- His pay fixed at Rs.3850/- on 1/5/05 in the scale of pay Rs.3580-90-4480-120-476 0-EB-120-5200-175-6600-250-8100-325-8750/- p.m. & his date of next increment 1/5 /06. The appellant has continued in the said scale for the last more than 5 (five) ye ars. However, on 20.5.2011, impugned order of transfer was passed posting him as Junior Assistant at Dibrugarh Polytechnic, Dibrugarh in the pay scale of Rs.520 0-20200/- plus grade pay. Aggrieved thereby, the appellant approached this Court with a grievance that the impugned order amounts to demotion, without following any due procedure. An affidavit-in-opposition was filed by the Director of Technical Education stat ing that no demotion was involved on transfer of the appellant and the transfer was in the interest of public service. The stand taken in the affidavit is as fo llows: 5. That as regard to the statements made in paragraph 4 of the writ petition th e deponent begs to state that the petitioner was appointed as Field Assistant at Silchar Polytechnic, Silchar under Community Polytechnic Scheme and after aboli tion of Community Polytechnic Scheme, the petitioner was placed against a vacant post of Assistant Instructor of Fitting in the same Institute in his own grade scale of pay. This was temporary arrangement just to draw his salary vide this o ffice letter No.TE(E)A 53/2007/3434/35 dt. 14.7.2008. 6. That as regards to the statements made in paragraph 7 of the writ petition th e deponent begs to state that after Audit objection by A.G. Assam and in the int erest of public service Sri Rajib Chakraborty, Field Assistant and Sri Islamuddi n Barbhuiya, Driver of Community Polytechnic, Silchar was transferred to their i dentical post of Junior Assistant at Dibrugarh Polytechnic, Dibrugarh and the po st of a Driver in the office of the deponent vide order No.TE(E)A-35/2007/1763-6 8 dtd. 20.5.2011. 7. That as regards to the statements made in paragraph 8 of the writ petition th e deponent begs to state that later on a corrigendum letter was issued allowing the petitioner to draw the scale of pay as he was drawn pay and allowances as Fi eld Assistant at Silchar Polytechnic, Silchar. 8. That as regard to the statements made in paragraph 10 of the writ petition t he deponent begs to state that already allowed to continue to draw the scale of pay of Sri Rajib Chakraborty was drawn as Field Assistant at Silchar Polytechnic , Silchar. 9. That as regard to the statements made in paragraphs 11 and 12 of the writ pe tition, the deponent begs to state that as there is audit objection and in the i nterest of public service the petitioner was transferred to his identical post a s Junior Assistant at Dibrugarh Polytechnic, Dibrugarh and it is not a punishmen t, not a financial loss as presume by the petitioner. Learned Single Judge, after due consideration, held that it was merely a transfe r order to an equivalent post, which did not call for any interference. We have heard learned counsel for the parties. Learned counsel for the appellant submits that the post of Junior Assistant will not involve the same pay scale which the appellant was drawing as Field Assista nt and the said cadre may be different from the cadre in which he was working. We are unable to accept this submission. The appellant never disputed the averment made on behalf of the respondents that the designation of the Field Assistant was changed to Junior Assistant only on account of abolition of Community Polytechnic Scheme. The appellant will continu e to get the same pay scale and no financial loss is involved. Moreover, in para graph 4 of the memo of appeal, the appellant has given Fitment Table - 13 as per Assam Services (Revision of Pay) Rules, 2010, according to which, the revised p ay scale of pre-revised scale applicable to the appellant has been given, which is comparable to the pay band mentioned in the impugned order. In view of above, we do not find any ground to interfere with the impugned order . However, it is made clear that on transfer, the appellant will not get lesser pay than what he was getting prior to the transfer. The writ appeal is disposed of accordingly.