Binodini Singha and 2 Ors v. The State of Assam and 7 Ors

ORDER

08.08.2024 (Vijay

Bishnoi, CJ) This Writ Appeal is filed by the appellants being aggrieved with the order dated 29.03.2022 passed by the learned Single Judge in WP(C) No.251/2021 whereby the learned Single Judge has dismissed the writ petition filed by the appellants and has refused to grant relief to them to fix the appellants in the Grade Pay of Rs.8700.00 instead of Rs.6800.00. The learned Single Judge has observed that at the time of entry of the appellants in the Government job i.e. in the years 1998, 2014 and 2002, respectively, they were not graduates and the said qualification was obtained by them while in service. The learned Single Judge has also taken into consideration the fact that the entry qualification on the post of teacher, in the upper primary level was Higher Secondary when the appellants were initially appointed, and not graduation. The learned Single Judge, after going through the provisions of the RoP 2017 has held that there is no illegality in the action of the respondents in fixing the appellants in the Grade Pay of Rs.6800.00 Having heard the learned counsel for the appellants and after taking into consideration the fact that at the time when the appellants were Page No.# 4/4 appointed as teachers in the Upper Primary school, the entry qualification for the said post was undergraduate and admittedly the appellants were undergraduates. In such circumstances even though they have obtained the graduation degree later on while in service, they are not entitled to a Grade Pay which is applicable in the case of graduate teachers. Hence, we do not find any merit in this Writ Appeal. The same is, therefore, dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/4 GAHC010076872022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/155/2022o BINODINIoSINGHAoANDo2oORS.o W/O-oKH.oBIROMANGOLoSINGHA,R/O-oRONGPURoPART-IV,oKARATIGRAM,o P.S.oSILCHAR,oASSTT.oTEACHERoOFoDR.oBoCoROYoMEMORIALoACADEMYo HIGHoSCHOOL,oRONGPUR,oSILCHAR,oDIST.-oCACHAR,oASSAM,oPIN-o788009 2:oAPARNAoDEY oW/O-oMANIKoCHANDRAoDEB oR/O-oPURBASHAoCOMPLEX o(PANCHAYAToROAD) oSILCHAR oCACHAR oPIN-o788005oSERVINGoASoHINDIoTEACHERoINoDR.oBoCoROYoMEMORIALo ACADEMYoHIGHoSCHOOL oRONGPUR oSILCHAR oDIST.-oCACHAR oASSAM oPIN-o788009 3:oYASMINoSULTANAoBARBHUIYA oW/O-oHABIBoAHMEDoLASKAR oR/O-oVILLoANDoP.O.oRONGPUR oP.S.oSILCHAR oDIST.-oCACHAR oASSTT.oTEACHERoSERVINGoINoDR.oBoCoROYoMEMORIALoACADEMYoHIGHo SCHOOL oRONGPUR oSILCHAR oDIST.-oCACHAR oASSAM oPIN-o78800o VERSUSo PageoNo.#o2/4 THEoSTATEoOFoASSAMoANDo7oORS.o REP.oBYoTHEoCOMM.oANDoSECY.,oTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo SECONDARYoEDUCATION,oDISPUR,oGHY,oASSAM,oPIN-o781006 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGHY-19 3:THEoINSPECTORoOFoSCHOOLS oCACHARoDISTRICToCIRCLE oSILCHAR oCACHAR oASSAM oPIN-o788001 4:THEoHEADMASTER oDR.oBoCoROYoMEMORIALoACADEMYoHIGHoSCHOOL oRONGPUR oSILCHAR oDIST.-oCACHAR oASSAM oPIN-o788009 5:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoFINANCE oASSAMoCIVILoSECRETARIAT oDISPUR GHY-06 6:THEoNATIONALoCOUNCILoOFoTEACHERoEDUCATION oREP.oBYoITSoDIRECTOR oEASTERNoREGIONALoCOMMITTEE o15oNEELoKANTAoNAGAR oNAYAPALLI oBHUBANESWAR oORISSA oPIN-o751012 7:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oDEPARTMENToOFoELEMENTARYoEDUCATION oASSAM oDISPUR oGHY-o6. 8:THEoDIRECTORoOFoELEMENTARYoEDUCATION Page No.# 3/4 ASSAM PIN- 781019 Advocate for the Petitioner : MR. A K DUTTA, MR. B ZAMAN,MR. B PURKAYASTHA Advocate for the Respondent : SC, SEC. EDU., SC, ELEM. EDU,SC, FINANCE,SC, N C T E BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM