GUWAHATI, India, Nov. 12 -- Gauhati High Court issued the following order on Oct. 12:
1. Heard Mr. A. R. Bhuyan, learned counsel for the petitioners and Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1-3, in WP(C) Nos. 935/2023. Also heard Mr. P. P. Baruah, learned counsel for the petitioner and Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1-4; Mr. B. Deuri, learned Government Advocate, for the respondent No. 5 and Mr. R. Borpuzari, learned Standing Counsel for the respondent No. 6, in WP(C) No. 4110/2023.
2. In WP(C) No. 4110/2023, the petitioner has challenged the impugned order, dated 02.12.2022, issued under Memo No. ASE.365/2005/Pt-II/412-A, issued by the Secretary to the Government of Assam, Department of School Education; and also to direct the respondent authorities to grant fixed scale of pay as Assistant Teacher of Batamari High School, Nagaon, from the date of her joining; as provided to other similarly situated teachers, like that of the petitioner; and also to direct the respondent authorities to release the arrear monthly salary of the petitioner, from the date of her joining and current monthly salary due to the petitioner.
2.1 In WP(C) No. 935/2023, four petitioners have prayed for challenging the speaking order, dated 02.12.2022, Annexure-8 of the petition; and also issuing direction to the respondent No. 1 to comply with the Cabinet approval, which had been circulated under Rule 17 of the Assam Rules of Executive Business (Annexure-2); for the purpose of extending fixed pay to the petitioners.
2.2 Since, in both these writ petitions, the petitioners have challenged the same impugned speaking order, dated 02.12.2022; and being the issues involved in both the petitions are same; and as agreed upon by the learned counsel for both the parties, it is proposed to dispose of both these petitions by this common judgment and order.
3. The background facts, leading to filing of the Writ Petition (Civil) No. 4110/2023, are briefly stated as under -
"The petitioner, namely, Sabina Yeasmin, was appointed as an Assistant Teacher of Batamari High School, Nagaon, after due process of selection and she joined on 04.04.2001 and is continuously discharging her duties till date, without any break.
During subsequent years of her appointment, it came to the notice of the Government that some districts had appointed teachers in excess of vacancies and they had not received the fixed pay, whereas, other teachers appointed by the same selection process had received the enhanced fixed pay of Rs. 15,500/- per month.
Thereafter, the Government had decided and allowed to give fixed pay of Rs. 15,500/- to 45 Graduate Teachers of Nagaon district, including the petitioner; but, the name of the petitioner was dropped out in the notification issued by the respondent authority. Then, she made an enquiry and came to know that her name was dropped on the ground that she was not regularly working. Thereafter, she had filed one representation, upon which, an enquiry was conducted by the Deputy Commissioner, Nagaon, and forwarded the enquiry report, along with the enquiry report conducted by the Inspector of Schools, N.D.C., Nagaon and also the report of the report of the Executive Magistrate, Nagaon; indicating that the petitioner has been regularly working in the school since the date of joining, without any break. But, the Secretary to the Government of Assam, Department of School Education, without considering the enquiry reports, most arbitrarily and in an illegal manner, passed the impugned order dated 02.12.2022, rejecting the claim of the petitioner. Being aggrieved, the petitioner has approached this Court by filing the present petition."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpDbFqw5XUr98s%2FsuqHIZa13q56jo0n3E%2FLkxQ6E1EIw7&caseno=WP(C)/4110/2023&cCode=1&cino=GAHC010157722023&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
