Chandan Das and 40 Ors. Vs the State of Assam and 4 Ors.

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GAHC010141112024

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2025:GAU-AS:12606

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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)/3658/2024

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CHANDAN DAS AND 40 ORS

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SON OF LATE HAREKRISHNA DAS, RESIDENT OF SAPATGRAM WARD NO. 6 (NEW), P.O. AND P.S. SAPATGRAM, IN THE DISTRICT OF DHUBRI, ASSAM, PIN - 783337.

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2: TRIBENI DAS SON OF RASHMIN JYOTI MEDHI RESIDENT OF WARD NO. 3 (NEW) CHARAKBARI GAURIPUR P.O. GAURIPUR IN THE DISTRICT OF DHUBRI ASSAM.

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3: BIPLAB DEVNATH

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SON OF JITENDRA DEVNATH RESIDENT OF VILLAGE - MAHARIPARA P.O. MAHARIPARA P.S. GORESWAR IN THE DISTRICT OF TAMULPUR PIN - 781 364.

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4: DEVAJIT PEGU SON OF LAKHYAJIT PEGU RESIDENT OF VILLAGE - MOWAMARI P.O. MOWAMARI P.S. JENGRAIMUKH DISTRICT - MAJULI PIN - 785105.

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5: MEERA SARANIA WIFE OF BAPU RAM SARANIA RESIDENT OF VILLAGE - DALONGPAR P.O. ULUBARI

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P.S. TAMULPUR IN THE DISTRICT OF BAKSA ASSAM PIN - 781367. 6: UTPAL KUMAR MANDAL SON OF KHAGENDRA CHANDRA MANDAL RESIDENT OF VILLAGE - PASCHIM AMARA KANDA P.O. GARAJAN BAZAR P.S. RUPAHI HAT IN THE DISTRICT OF NAGAON ASSAM PIN - 782128. 7: JOY RAM DAS SON OF AMULYA DAS RESIDENT OF VILLAGE AND P.O. GERUA P.S. HAJO IN THE DISTRICT OF KAMRUP ASSAM PIN - 781102. 8: HARIPRASHAD THAKURIA SON OF RATIKANTA THAKURIA RESIDENT OF BANGALTOLA P.O. MAJARKURI P.S. HAJO IN THE DISTRICT OF KAMRUP ASSAM PIN 781102. 9: SAURAV KUMAR SARMA SON OF HARGOBINDA DEV SARRMA RESIDENT OF VILLAGE - BAMUNKUCHI (BHAGATIPARA) P.O. RAIPUR P.S. PATACHARKUCHI DISTRICT - BAJALI ASSAM PIN - 781 325. 10: NITU DAS SON OF PRIYANATH DAS RESIDENT OF CHITKAGAON P.O. CHAPRAKATA P.S. BONGAIGAON IN THE DISTRICT OF BONGAIGAON ASSAM PIN - 783380.

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11: HIRUMANI DAS WIFE OF HRIDAY DAS RESIDENT OF VILLAGE - BHEHBARI P.O. THAMNA P.S. MUSHALPUR IN THE DISTRICT OF BAKSA ASSAM PIN - 781377. 12: JYOTI PEGU SON OF SUWAN PEGU RESIDENT OF ROWNAMUKH P.O. ROWNAMUKH P.S. GOHPUR IN THE DISTRICT OF BISWANATH ASSAM PIN - 784169. 13: ADITYA BORI SON OF PULIN BORI RESIDENT OF SOWGURICHAPORI P.O. BAHGURI P.S. DERGAON IN THE DISTRICT OF GOLAGHAT ASSAM PIN - 785614. 14: ARPITA PAUL WIFE OF KALI SHANKAR PAUL RESIDENT OF DHUBRI TOWN P.O. P.S AND DISTRICT DHUBRI ASSAM PIN - 783301. 15: MUNMUM DAS SON OF HALADHAR DAS RESIDENT OF VILLAGE AND P.O. BARNIBARI P.S. MUKALMUA IN THE DISTRICT OF NALBARI ASSAM PIN - 781304. 16: MD. FARUQUE AHMED SON OF ABDUR RASHID RESIDENT OF VILLAGE - CHENGELIMARA

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P.O. BISKHUTI P.S. ORANG IN THE DISTRICT OF UDLAGURI (BTR ASSAM) PIN - 784117. 17: DIPAMONI DEKA DAUGHTER OF LANKESWAR DEKA RESIDENT OF VILLAGE - JAHA P.O. PUB KALAKUCHI P.S. MUKALMUA DISTRICT - NALBARI ASSAM PIN - 781348. 18: LIMPIKA KALITA WIFE OF JAGAT CHANDRA KALITA RESIDENT OF VILLAGE - KHALILPUR P.O. KHALILPUR P.S. DHUBRI IN THE DISTRICT OF DHUBRI ASSAM PIN - 783325. 19: BARSHA CHOUDHURY WIFE OF RAMDHAYAN CHOUDHURY P.O. DHUBRI P.S. DHUBRI IN THE DISTRICT OF DHUBRI ASSAM PIN - 783301. 20: BABUL KUMAR DEKA SON OF SUKLESWAR DEKA RESIDENT OF VILLAGE - OXIGURI P.O. SILBARI ABADIPARA P.S. BIJNI IN THE DISTRICT OF CHIRANG ASSAM PIN - 783393. 21: KIRAN PEGU SON OF PURNESWAR PEGU RESIDENT OF VILLAGE - LOHOR CHAPORIGAON P.O. BONQUAL P.S. KAMARGAON IN THE DISTRICT OF GOLAGHAT ASSAM

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PIN - 785619.

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22: MUKUNDA MONDAL SON OF NIPENDRA CHANDRA MONDAL RESIDENT OF KONWARPUR P.O. KALAKHOWA P.S. LALUK IN THE DISTRICT OF LAKHIMPUR ASSAM PIN - 787023. 23: RAMEN CHOUDHURY SON OF INDRA CHOUDHURY RESIDENT OF VILLAGE - KHALIHA UJANPARA P.O. KHALIHA P.S. BOKO IN THE DISTRICT OF KAMRUP ASSAM PIN - 781135. 24: UJJAL DAS SON OF PRASANNA DAS RESIDENT OF JALAH P.O. JALAHGHAT P.S. SHIMLA IN THE DISTRICT OF BAKSA ASSAM PIN - 781327. 25: RATAN KUMAR CHETRY SON OF YUBRAJ CHETRI RESIDENT OF VILLAGE - MERABIL P.O. SHILLONG KHUTI P.S. MAZBAT IN THE DISTRICT OF UDALGURI ASSAM PIN - 784508. 26: SONTUSH PEGU SON OF LATE RUPAN PEGU RESIDENT OF JIADHALKEKURI P.O. JIADHALCHARIALI P.S. DHEMAJI IN THE DISTRICT OF DHEMAJI ASSAM PIN - 787057. 27: SHAHANAZ ALOM

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WIFE OF MD. ARMAN ALI RESIDENT OF VILLAGE - BHANGNAMARI P.O. BHANGNAMARI P.S. BHANGNAMARI IN THE DISTRICT OF NALBARI ASSAM PIN - 781126. 28: PRANITA RAY PAUL WIFE OF NIL KAMAL PAUL RESIDENT OF VILLAGE - BIJNI WARD NO.4 P.O. BIJNI P.S. BIJNI IN THE DISTRICT OF CHIRANG ASSAM PIN - 783390. 29: JAHANARA PARVIN WIFE OF ASHRAFUL ALOM SK RESIDENT OF VILLAGE - PADMABIL P.O. GOSSAIGAON P.S. GOSSAIGAON IN THE DISTRICT OF KOKRAJHAR ASSAM PIN - 783360. 30: HIMAJYOTI BARMAN WIFE OF RAJIV RAY RESIDENT OF VILLAGE - SIALMARI P.O. BIJNI P.S. BIJNI IN THE DISRICT OF CHIRANG ASSAM PIN - 783390. 31: NIL KAMAL PAUL SON OF LATE NITAI CHANDRA PAUL RESIDENT OF VILLAGE - BIJNI WARD NO. 4 P.O. BIJNI P.S. BIJNI IN THE DISTRICT OF CHIRANG ASSAM PIN - 783390. 32: DEBA NARAYAN DOLEY SON OF RATNA BAHADUR DOLEEYY RESIDENT OF VILLAGE - ELAGURI

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P.O. RAJABARI P.S. GOHPUR IN THE DISTRICT OF BISWANATH CHARIALI ASSAM PIN - 784168. 33: BHARGAB DAS SON OF BIGESH CHANDRA DAS RESIDENT OF VILLAGE - BHAWANIPUR P.O. BHAWANIPUR P.S. BARPETA IN THE DISTRICT OF BARPETA ASSAM PIN - 781352. 34: DEBAJIT HAZARIKA SON OF MAKHAN HAZARIKA RESIDENT OF VILLAGE - THENGAL GAON P.O. JALUKANIBARI P.S. TITABOR IN THE DISTRICT OF JORHAT ASSAM PIN - 785630. 35: SIMA SUTRADHAR WIFE OF BHIGU RAS BISWAS RESIDENT OF VILLAGE - SOUTH GERAMARI P.O. SOUTH GERAMARI P.S. GAURIPUR IN THE DISTRICT OF DHUBRI ASSAM PIN - 783331. 36: RUPAM DAS SON OF LATE INDRAJIT DAS RESIDENT OF VILLAGE - SARUGATI (GATI) P.O. CHAMUAGATI P.S. SALBARI IN THE DISTRICT OF BAKSA ASSAM PIN - 781318. 37: DAVID DAS SON OF LATE PHANANDRA DAS RESIDENT OF VILLAGE HATKHOLA P.O. ANANDA BAZAR P.S. SALBARI DISTRICT - BAKSA

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ASSAM PIN - 781318. 38: BINOY PAUL SON OF BIREN PAUL RESIDENT OF VILLAGE - RANGAPARA P.O. RANGAPARA P.S. RANGAPARA IN THE DISTRICT OF SONITPUR ASSAM PIN - 784318. 39: SHYAMANTA HAZOWARI SON OF AJAY HAZOWARI RESIDENT OF VILLAGE - BALIJAN KACHARI P.O. BHANGAMANDIR P.S. DHEKIAJULI IN THE DISTRICT OF SONITPUR ASSAM PIN - 784112. 40: DIPANKAR BASUMATARY SON OF PRAFULLA BASUMATARY RESIDENT OF VILLAGE - DARANGGIRI P.O. DARANGGIRI P.S. RANGJULI IN THE DISTRICT OF GOALPARA ASSAM PIN - 783134. 41: PRANAB KUMAR SHEEL SON OF KARNADHAR SHEEL RESIDENT OF VILLAGE - GAURIPUR WARD NO. 2 P.O. GAURIPUR P.S. GAURIPUR IN THE DISTRICT OF DHUBRI ASSAM PIN - 783331 VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI - 781006.

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2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM

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KAHILIPARA GUWAHATI - 781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI P.O. AND P.S. DHUBRI IN THE DISTRICT OF DHUBRI ASSAM PIN - 783301. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR DISTRICT DHUIBRI ASSAM PIN - 783331. 5:THE TREASURY OFFICER DHUBRI DISTRICT - DHUBRI ASSAM PIN - 783301

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Advocate for the Petitioner : MR. R ISLAM, MR G U AHMED

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Advocate for the Respondent : SC, ELEM. EDU, MR A CHALIHA (SC, FINANCE DEPT.)

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BEFORE

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HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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15.09.2025

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Heard Mr. R. Islam, learned counsel appearing for the writ petitioners. Also heard Mr. P.N. Sharma, learned Standing Counsel, Elementary Education, appearing on behalf of the respondent Nos. 1 to 4.

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2. By way of this writ petition under Article 226 of the Constitution of India, the writ petitioner is seeking release of the arrear salaries of the writ petitioners for the period w.e.f. 01.07.2016 to 28.02.2022.

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3. The brief facts of the case is that the writ petitioners were appointed as Assistant Teachers at various lower primary schools under the Block Elementary Education Officer, Gauripur, in the district of Dhubri, Assam on purely temporary basis in the pay band-2 (PB-2) @ Rs. 5,200/- to 20,200/- plus Grade Pay Rs. 2,500/- per month plus other allowances as admissible under Rules against the government sanctioned posts vide common appointment order dated 27.06.2016 issued by the respondent No. 2. Accordingly, the writ petitioners joined in the duties as Assistant Teachers within 15 days of their appointment in the lower primary schools under the respondent No. 3 and since then they have been serving as Assistant Teachers of the respective lower primary schools receiving the current monthly salaries including the benefits of re-fixation of basic pay of order dated 09.05.2022 issued by the Government of Assam, Finance (PRU) Department as Assistant Teachers of lower primary schools under the Block Elementary Education Officer, Gauripur, Dhubri.

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4. It is the specific case of the writ petitioners that the arrear salaries of the writ petitioners which arises out of enhancement of salary by way of re-fixation of basic pay vide order dated 09.05.2022 issued by the Government of Assam, Finance (PRU) Department have not been released and paid by the respondent authorities for the period w.e.f. 01.07.2016 to 28.02.2022. Situated thus, the present writ

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petition has been filed.

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5. Mr. R. Islam, learned counsel appearing for the writ petitioners, submits that since the petitioners have not been given the benefits of the enhancement of salary by way of re-fixation in terms of the order dated 09.05.2022, the present writ petition has been filed canvassing the aforesaid grievance of the writ petitioners before this court.

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6. Mr. P.N. Sharma, learned Standing Counsel, Elementary Education, submits that pending adjudication of the instant writ petition, the office of the Director of Elementary Education, Assam, received the arrear salary proposal from the District Elementary Education Officer, Dhubri, in respect of the writ petitioners; however, upon verification it was found that initial pay fixation order copy was not included with the aforesaid proposal and therefore, the benefits of the re-fixation are yet to be released to the writ petitioners. He further submits that as per the instruction received by letter dated 11.09.2025, issued by the Director of Elementary Education, Assam, Kahilipara, the District Elementary Education Officer, Dhubri, has submitted the documents called for including the Non Drawal Certificate for the relevant year and accordingly, a fresh proposal has been received in the said office. He further submits that after completion of the verification process the amount of arrear shall be paid to the writ petitioners concerned.

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7. Having heard and considered the above, it appears that the process of verification is in progress and as and when the same is completed the amount of arrear as due to the writ petitioners shall be

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released.

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8. Apt at this stage to refer to the instructions issued by the office of the Director of Elementary Education, Assam, Kahilipara, vide letter dated 11.09.2025, which read as under: -

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“ GOVERNMENT OF ASSAM

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OFFICE OF THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM

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KAHILIPARA, GUWAHATI-19

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eCF No:702937/11 Dated: 11-0-2025 From: Suranjana Senapati, ACS Director of Elementary Education, Assam Kahilipara, Guwahati-19 To: Sr. Standing Counsel for Education (Ele) Department, Guwahati High Court, Guwahati01 Sub: WP(C) 3648-2024 Chandan Das & 40 Ors Vs SOA. Ref: DEEO, Dhubri letter No. EED48/GRP/Arrear/2024/708 dtd. 19/06/2024. Sir,

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With reference to the subject cited above, I would like to inform you that the arrear salary proposal was received from DEEO, Dhubri in respect of Petitioners and 40 Ors LP Teachers vide letter under reference. But after verification it was found that Initial Pay Fixation Order copy was not included with the proposal Therefore, this office has issued a letter to DEEO. Dhubri for submission of the same as well as Non Drawal Certificate for FY 2025-26 vide this office letter No.651376/4 dtd. 19/05/2025 (Copy enclosed Now, DEEO, Dhubri has again submitted the proposal and the process of verification is in progress in Directorate level. After completion of verification and subject to availability of budgetary provision, the amount of arrear will be paid to the

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Petitioners concerned.

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Memo No. 702937/11-A Dated 11-09-2025”

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9. In view of the aforesaid endorsement made by the learned Standing Counsel vis-à-vis the aforesaid instructions, this court in the interest of justice deems it appropriate to dispose of this writ petition by directing the respondents to complete the verification within 2 (two) months from the date of receipt of the certified copy of this court’s order and upon the same being completed, the arrear salaries be released to the writ petitioners in accordance with law.

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10. Ordered accordingly.

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11. Resultantly, the writ petition stands disposed of.

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12. The letter dated 11.09.2025 issued by the office of the Director of Elementary Education, Assam, Kahilipara, is kept on record and marked as “X”.

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JUDGE

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Comparing Assistant

Chandan Das and 40 Ors. v. the State of Assam and 4 Ors.

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Chandan Das and 40 Ors. v. the State of Assam and 4 Ors.

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