MRS. MINAKSHI BEZBORUAH AND 20 ORS. v. THE STATE OF ASSAM AND 4 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-11-25. MRS. MINAKSHI BEZBORUAH AND 20 ORS. v. THE STATE OF ASSAM AND 4 ORS. Read the judgment and case details on...
Judgment text
Page No. # 1/8 GAHC010114282019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3450/2019 BAGEN NGATEY ASSTT. TEACHER, NAHARANI KULI L. P. SCHOOL, S/O- PADMESWARI NGETY, R/O- VILL- JAMUKANI, P. O. MATIKHULA, DIST- DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT. , DISPUR, GHY-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHEMAJI DIST- DHEMAJI ASSAM 4:THE DY. INSPECTOR OF SCHOOLS DHEMAJI DIST- DHEMAJI ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER DHEMAJI DIST- DHEMAJI ASSAM 6:THE SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. Page No. # 2/8 DISPUR GHY- Advocate for the Petitioner : MR. N BORAH Advocate for the Respondent : SC, ELEM. EDU Linked Case : WP(C)/2286/2018 MRS. MINAKSHI BEZBORUAH AND 20 ORS. W/O. UTPOL MONI KONDALI R/O. EAST AMOLAPATTY NEAR RELIANCE TOWER DIST.
NAGAON ASSAM 2: MRS. NABANITA BORA W/O. NIROD KUMAR BARUAH R/O. SOTI JYOMOTI PATH SOUTH HAIBOR GAON HAIBORGAON DIST. NAGAON ASSAM. 3: MRS. MONALISA BORA D/O. LT. UMESH CHANDRA BORA R/O. B. M. ROAD AMOLAPATTY NAGAON P. O. SADAR DIST. NAGAON ASSAM. 4: MRS. RITUMONI BORA W/O. LT. DHYAN MONI NATH R/O. SOUTH HAIBOR GAON R. R. B. ROAD P. O. HAIBORGAON DIST. NAGAON ASSAM. Page No. # 3/8 5: MRS. MANIKUNTALA SAIKIA W/O. MANAS BARUAH VILL. GARHMARI NEAR COLLEGE OF FISHERIES P. O. AND P. S. RAHA DIST. NAGAON ASSAM 6: MRS. NABANITA HAZARIKA W/O. SARANGA PANI SAIKIA VILL. PUB SENCHOWA A. T. ROAD INFRONT OF AKASH MUNDAI P. O. SENCHOWA P. S. SADAR DIST. NAGAON ASSAM 7: MRS. RASHMI REKHA DEKA W/O. DHRUBAJIT BHUYAN VILL. AND P. O. DIGHALIATI (RAHA) P. S. RAHA DIST. NAGAON ASSAM 8: MRS. JURI BAIRAGI W/O. PRABIN BAIRAGI R/O. PURANI GOWDAN GOROMUR P. O. PURANI GOWDAN P. S. SAMAGURI DIST. NAGAON ASSAM 9: DIBYAJYOTI SAIKIA S/O. BANGSHIDHAR SAIKIA VILL. JALAH GAON P. O. HALWA P. S. SAMAGURI DIST.
NAGAON ASSAM 10: MD. SHAHJAHAN ALI Page No. # 4/8 S/O. NASAR UDDIN AHMED VILL. FURHANI ATI P. O. LETERIPAR (BAZAR) P. S. JURIA DIST. NAGAON ASSAM. 11: SRI DHRUBA JYOTI DAS S/O. DILIP CHANDRA DAS R/O. RAM KRISHNA ROAD NEAR MANASHA MANDIR P. O. NAGAON P. S. SADAR WARD NO. 11 DIST. NAGAON ASSAM. 12: NABARUN MAZUMDAR S/O. BHARAT CHANDRA MAZUMDAR VILL. AND P. O. BALIGAON DIST. NAGAON ASSAM. 13: RAJEN SAIKIA S/O. LT. ADHAN CH. SAIKIA R/O. PANI GAON NETAJI PATH WARD NO. 23 P. O. ITACHALI DIST. NAGAON ASSAM. 14: MRS. JYOTI BHATTACHARJEE W/O. MRINAL JYOTI SHARMA VILL. ANANDA NAGAR P. O. SADAR P. S. NAGAON DIST. NAGAON ASSAM 15: JAYANTA KUMAR SAIKIA S/O. BIHURAM SAIKIA VILL. RAIDONGIA P. O. ALBHETI Page No. # 5/8 P. S. JAJORI DIST. NAGAON ASSAM 16: MRS. SOBHA RANI BARUAH W/O. PRADIP KUMAR BARUAH VILL. MAZARATI P. O. HAZARATI P. S. HAIBORGAON DIST. NAGAON ASSAM 17: MOZIBUR RAHMAN S/O. ABDUL MANNAN VILL. PUTHIKAITI P. O. KHOIMARI P. S. RUPAHI DIST. NAGAON ASSAM 18: MRS. JAYATI CHAKRABORTY W/O.
PARTHA SAROTHI SENGUPTA VILL. SANKAR MISSION ROAD NEAR POWER HOUSE LANE NO. 3 HOUSE NO. 333 P. O. ITACHALI DIST. NAGAON ASSAM 19: SADIQUE RAHMAN S/O. LT. INTAZ ALI VILL. TINSUKIA P. O. TINSUKIA (JURIA) P. S. JURIA DIST. NAGAON ASSAM 20: MRS. RIJUMONI KOCH W/O. JITU MONI BORAH VILL. BALJURI CHARIALI P. O. CHAPANALA P. S. SAMAGURI DIST. NAGAON ASSAM Page No. # 6/8 21: UTPAL DEKA S/O. LT. DIBAKAR DEKA R/O. KAMPUR WARD NO. 3 P. O. AND P. S. KAMPUR DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT. DISPUR GHY. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY. 3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GHY. 4:THE INSPECTOR OF SCHOOLS NAGAON ASSAM. 5:THE HEADMASTER GOVT. URBAN HIGH SCHOOL M. G. ROAD NAGAON ASSAM ------------ Advocate for : MS D BORGOHAIN Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 4 ORS. : Advocate SC SEC. EDU.
, SC FINANCE, Page No. # 7/8 SEC. EDU. , , appearing for 2, 5, respectively. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Heard Ms. D. Borgohain, learned counsel for the petitioner and Mr. S. M. T. Chisty, learned counsel appearing for the respondent, Secondary Education Department. It is submitted by the Ms. Borgohain that this writ petition was filed as the petitioners wereaggrieved by the decision of the Governmentauthorities to deny themthe graduate scale of pay which they were entitled to under the Assam services (Revision of Pay) Rules 2017. The petitioners were initially working as Assistant Teachers in Government Urban Basic School, which is an M. E. School in the District ofNagaon. By notification dated 24. 02. 2017, the Government Urban Basic School was amalgamated with the Government Urban High School as per Sikshakhetra Scheme, promulgated by office memorandum dated 22. 09. 2016.
Pursuant to the amalgamation of two schools, the petitioners were re-designated as AssistantTeachers of the Government Urban High School. The petitioners in the present writ petition are aggrieved by the fact that their graduate scale was reduced from October/2017, on the ground that their pay had been wrongly fixed in the graduate scale. Subsequently, the matter was referred by the department to the Anomaly Committee. Page No. # 8/8 Pursuant to the decision of the Anomaly Committee, the issue was resolved and the petitioners have been receiving graduate scale as per R. O. P Assam Services(Revision Pay)Rules 2017. Accordingly, it is submitted at the bar that the grievances projected through the present writ petition has been resolved by the department. The learned counsel for the petitioner therefore submits that she has instructions not to proceed with the matter further. In view of the above, the writ petition is disposed of as not pressed.
Needless to say if any issue relating to the graduate pay scale in respect of the petitioner remains unresolved they will be at liberty to approach this Court again, if the occasion so arises. JUDGE Comparing Assistant
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