Allowed

Md. Jahirul Islam and 3 Ors, v. the State of Assam and 3 Ors.

Gauhati HC2 Aug 2019WP(C)/1079/2015

Case brief

AI extract

What is this about?

In a writ petition, Assistant Teachers sought payment of arrear pay and time scale benefits under the pay scale attached to their post. The Court directed authorities to verify if petitioners are similarly situated as successful claimants in a related petition and to grant benefits within four months.

What did the court decide?

Direction to respondent authorities to verify the petitioners' claim and grant arrear time scale from 24.04.1998 within four months, if similarly situated to previous beneficiaries.

Md. Jahirul Islam and 3 Ors, Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010009482015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 1079/2015

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1:MD. JAHIRUL ISLAM and 3 ORS,

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S/O ABDUL AZIZ VILL- LANGIA,P.O. JENGONI P.S. DHING, DIST. NAGAON, ASSISTANT TEACHER, DIMOW M.V. SCHOOL, NAGAON- 782122.

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2: MD. MOBARAK ALI

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S/O ABDUL MAZID VILL- KHAIRAMARI P.O. KHAIRAMARI ASSISTANT TEACHER

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NAKHUTI M.E. SCHOOL NAGAON- 782124

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3: MD. MOFIZUL ISLAM S/O A. ALI VILL- KANDHULIMARI ASSISTANT TEACHER KUWARITOL GIRLS' M.E. SCHOOL

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NAGAON- 782127

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4: MD. IMDADUL ISLAM ASSISTNAT TEACHER JAJARI COMBINED M. V. SCHOOL NAGAON- 78212

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VERSUS

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1:THE STATE OF ASSAM and 3 ORS,

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DEEO

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NAGAON PIN - 782144.

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4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE BUDGET SIU AND EC-III DEPARTMENT PIN - 781006

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Advocate for the Petitioner : MR. K K DUTTA

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Advocate for the Respondent : SC, ELEMENTARY EDUCATIONR1-3

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BEFORE

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HON’BLE MR.JUSTICE N. KOTISWAR SINGH order

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02-08-2019

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Heard Mr. A. Deka, learned counsel for the petitioners. Also heard Mr. N. Sarma, learned

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Standing Counsel, Elementary Education Department. Mr. R. Borpujari, learned Standing Counsel, Finance Department.

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The matter pertains to claim for payment of arrear of pay in terms of the pay scale attached to the post of Assistant Teacher in M.E./M.V. Schools under Nagaon district. It has been submitted that their services were regularized with effect from 24.04.1998 vide order dated 30.03.1999. Earlier the petitioners’ Association, namely, All Assam Operation Black Board (4040) ME/MEM/MV Teachers Association had approached this Court by filing WP(C) No.3058/2011 for grant of the regularization of their services from 24.04.1998 and also for making regular payment of salary as per the pay scale prior to 2010 with pay protection and regular increments, which was allowed by this Court by directing the respondent authorities to finalise the regularization, also to make payment of regular salary and also fixe the pension

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vide order dated 19.05.2015.

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Pursuant to the said direction of the Court, the authorities also passed an order on 29.06.2019 granting aforesaid reliefs. However, the case of the present petitioners had been left out. Since the petitioners are also member of the said Association, who had filed that petition and in whose favour the authorities had already passed the compliance order, giving benefits to the schools teachers of the Association, the petitioners in the present petition are also seeking similar benefits.

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In view of above, the present petition is disposed of directing the authorities to verify the said claim and if it is found that the petitioners are similarly situated as those claimants in WP(C) No.3058/2011, the respondent authorities will pass appropriate orders for grant of arrear time scale with effect from 24.04.1998 till the date of adjustment order dated 05.10.2013. This exercise shall be undertaken by the respondent authorities within a period of 4 (four) months from the date of receipt of a certified copy of this order, if found entitled.

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A copy of the speaking order dated 29.06.2019 is kept on the record and marked as ‘X’.

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JUDGE

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Comparing Assistant

Md. Jahirul Islam and 3 Ors, v. the State of Assam and 3 Ors.

Case brief

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Md. Jahirul Islam and 3 Ors, v. the State of Assam and 3 Ors.

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