Md. Azahar Ali v. The State of Assam and 3 Ors

ORDER Date : 27-01-2023 Heard Mr. MU Mahmud, learned counsel for the petitioner and Mr. NJ Khataniar, learned counsel appearing for the Secondary Education Department. Also heard Mr. A Chaliha, learned counsel appearing for the respondent No. 2.

¶2Considering the nature of grievance projected, the writ petition is taken up for disposal at this stage.

¶3By filing this writ petition, the petitioner has sought for a direction to the respondent authority concerned to prepare and pay his arrear salary for the period w.e.f. 01.08.1995 till 25.09.2008. According to the petitioner, he was appointed as a Craft Teacher in Binapani United High School on 15.02.1992. The school was provincialised along with the Head Master and teachers of the school vide order dated

26.03.1996 w.e.f. 01.08.1995. However, the post of Craft Teacher against which the petitioner was appointed was left out.

¶4Aggrieved the petitioner approached this Court by filing WP(C) No. 4152/2010 which came to be disposed of vide order dated 12.05.2015 in terms of a judgment rendered in another petition, namely, Civil Rule No. 1571/1998 disposed of vide judgment and order dated 01.09.2003. This Court in the said writ petition after coming to the conclusion that the judgment and order dated 01.09.2003 had attained Page No.# 3/3 a finality, gave the instant writ petitioner the benefit of direction No. 6, which was to the effect that all appointments would be prospective but will carry the benefit of past service for the purpose of computation of pensionery benefits as per the Assam Services (Pension) Rules, 1969.

¶5A bare perusal of the judgment and order dated 12.05.2015, passed in WP(C) No. 4152/2010 filed by the present writ petitioner would go to show that benefit of past service was to be given only for the purpose of computation of pensionery benefits. No mention whatsoever has been made regarding grant of arrear salary to the petitioner. As such, the prayer of the petitioner for grant of arrear salary from

01.08.1995 till 25.09.2008 cannot be accepted. The petitioner subsequently got the benefit of provincialization and he joined the school on 24.09.2008 as Craft Teacher. As such, the petitioner although found to be not entitled to arrear salary, will be entitled to be given the benefit of counting of his past service w.e.f. 01.08.1995, i.e., the date on which school was provincialized in terms of the order dated 12.05.2015 passed in WP(C) No. 4152/2010.

¶6With the above observations, this writ petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010166512021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5468/2021 MD. AZAHAR ALI S/O- MD. MONTAZ ALI, VILL- GHORAMARA (PT-II), P.O. RANGAPANI, P.S. MERER CHAR, DIST.- BONGAIGAON, ASSAM, PIN- 783384 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY), DEPTT., DISPUR, GHY-6 2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE (BUDGET) DEPTT. DISPUR GHY-19 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 4:THE INSPECTOR OF SCHOOLS BONGAIGAON DISTRICT CIRCLE BONGAIGAON ASSA Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : SC, SEC. EDU. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO