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GAHC010072622021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2775/2021
REKHA BORA
D/O LATE KHAGESWAR BORAH.
RESIDENT OF MAHMORA JAPIDHOR VILLAGE, PO AND PS KAATIBARI,
DIST SIVASAGAR, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, SECONDARY EDUCATION, DISPUR, GUWAHATI 781006
2:THE STATE OF ASSAM.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
FINANCE DEPARTMENT
DISPUR GUWAHATI 781006
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA
GUWAHATI 19
4:THE INSPECTOR OF SCHOOLS
SIVASAGAR
ASSAM
5:THE PRINCIPAL
B.P.B MEMERIAL H.S SCHOOL
DIST SIVASAGAR
ASSA
Advocate for the Petitioner : MR. S S S RAHMAN
Advocate for the Respondent : SC, SEC. EDU.
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BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
31.05.2024
Date :
1. Heard Mr. A.W. Aman, learned counsel for the petitioner.
2. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education
Department, for respondent Nos. 1, 3 & 4 and Mr. A. Chalia, learned standing
counsel, Finance Department, for respondent No. 2.
3. The claim of the petitioner, in the present writ petition, is for fixation of regular
pay scale, to which she is entitled in view of the decision of this Court, dated
16.12.2016, passed in WP(C) No. 763/2013, which was affirmed by the Division
Bench of this Court in Writ Appeal No. 233/2017 by order dated 14.06.2019.
4. It is the case of the petitioner that she was initially appointed as Assistant
Teacher in B.P.B.M. Higher Secondary School on 11.04.2001 after going through
regular process of recruitment on the basis of an advertisement and
recommendation made by the Competent Selection Committee of B.P.B.M. Higher
Secondary School. However, the petitioner was initially paid a sum of Rs.2,500/-,
which was, later on, enhanced to Rs.15,500/- since 2015. The further case of the
petitioner is that some of the teachers serving in various schools of the State, had
approached this Court for grant of regular pay scale, which was allowed by this
Court in WP(C) No. 763/2013 by order dated 16.12.2016. The said order dated
16.12.2016 was affirmed by the Division Bench of this Court in Writ Appeal No.
233/2017 by order dated 14.06.2019. It is submitted by the learned counsel for the
petitioner that on the basis of the aforesaid decisions of this Court, many teachers
of the State have already been granted regular pay scale attached to the post of
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Assistant Teachers.
5. After hearing the parties, this Court is of the opinion that the respondent-
authorities can verify the claim of the petitioner and if it is found that the petitioner
is similarly situated and covered by the decisions of this Court rendered in the
aforesaid cases, the petitioner may also be given the said benefit, for which, the
petitioner may file a detailed representation along with all supporting documents
before the respondent Nos. 1 & 3 within a period of 15 days from today.
Thereafter, the respondent Nos. 1 & 3, after making necessary verification, if it is
found that the petitioner is entitled to the same regular pay scale as has been
given to other similarly situated teachers, the petitioner may be accorded the same
benefit within a period of 2 (two) months from the date of receipt of such
representation to be submitted by the petitioner.
6. With the above observations and directions, this writ petition is disposed of.
JUDGE
Comparing Assistant