Md. Azad Hussain Mondal Vs the State of Assam and 4 Ors.

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GAHC010185742022

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2022:GAU-AS:18873

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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)/6015/2022

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MD. AZAD HUSSAIN MONDAL SON OF LATE KUDRAT ULLAH SARKAR, VILL- BARAIPARA, P.O.- GHANSHIMALI, DISTRICT- DARRANG, ASSAM, PIN- 784115.

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VERSUS

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

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006.

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

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4:DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG MANGALDOI ASSAM PIN- 784125.

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5:BLOCK ELEMENTARY EDUCATION OFFICER DALGAON SIALMARI EDUCATION BLOCK P.O.- KHARUPETIA DARRANG

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MANGALDOI ASSAM PIN- 784115

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Advocate for the Petitioner : MR. T K BHUYAN, MR A ALI

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Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE

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BEFORE

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HON’BLE MR. JUSTICE KARDAK ETE

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ORDER

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03-12-2025

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Heard Mr. A. Ali, learned counsel for the petitioner and Mr. P. N. Sarma, learned Standing counsel, Elementary Education Department for the respondents.

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1. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to pay the Graduate Scale of Pay of Rs. 1375/- to Rs. 3375/- per month w.e.f. 01.01.1989 along with the arrear salaries and other consequential benefits.

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2. The case in short is that the petitioner was the founder Headmaster of Kamarpara M.E. Madrassa School, which was provincialised on 06.03.1987. The petitioner claims that he is entitled to be provided with Graduate Scale of Pay from the date of provincialisation of his school. However, the respondent authorities have denied to grant the benefit of Graduate Scale of Pay to the petitioner as per his entitlement, whereas, other similarly situated persons have been granted.

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3. The petitioner and one Abdul Jalil approached this Court by filing the writ

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petition being WP(C) No.5106/2012 claiming payment of arrear salaries of the Graduate Scale of Pay with effect from the date of provincialisation of their respective schools.

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4. WP(C) No.5106/2012 was disposed of on 03.12.2014 directing the Director of Elementary Education, Assam to examine the entitlement of the petitioners of Graduate Scale of Pay since the provincialisation of their respective schools and thereafter, pass necessary order(s) in accordance with law.

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5. Pursuant to the order dated 03.12.2014, the Director of Elementary Education, Assam had written to the Commissioner and Secretary to the Government of Assam in the Department of Elementary Education requesting the Government to accord necessary approval for allowing the Graduate Scale of Pay to the petitioner and one Abdul Jalil.

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6. Accordingly, the Commissioner and Secretary to the Government of Assam in the Department of Elementary Education, thereafter, sought for financial implication from the concerned Director for payment of arrear amount of Graduate Scale of Pay to the petitioner and one Abdul Jalil.

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7. Mr. Ali, learned counsel for the petitioner submits that the grievance sought in this writ petition is only the payment of arrear amount of the Graduate Scale of Pay to the petitioner, who has already retired from service.

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8. Mr. Sarma, learned Standing counsel, Elementary Education Department by placing the communication dated 10.01.2025 from the Director of Elementary Education, Assam submits that as sought for by the Secretary to the Government of Assam, Department of School Education, the Director has already submitted the financial implication for payment of arrear amount of Graduate Scale of Pay to the petitioner and one Abdul Jalil.

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9. Having considered that there appears to be no dispute with regard to the entitlement of the petitioner for arrear amount of Graduate Scale of Pay and also considering that the Director of Elementary Education, Assam has placed the financial

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implication as sought for by the Secretary to the Government of Assam, Department of School Education on 10.01.2025, I deem it appropriate to direct to the respondent authorities to complete the process of granting approval for payment of arrear amount of Graduate Scale of Pay to the petitioner and one Abdul Jalil as the petitioner stated to have been retired from service.

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10. Accordingly, the respondent authorities are directed to complete the process of approval and sanction for payment of the arrear amount of Graduate Scale of Pay to the petitioner within a period of 2 (two) months from the date of receipt of a certified copy of this order.

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11. Needless to observe that the arrear amount of Graduate Scale of Pay shall be paid to the petitioner and one Abdul Jalil within a period of one month, thereafter.

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12. This writ petition stands disposed of, in terms above.

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JUDGE

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Md. Azad Hussain Mondal v. the State of Assam and 4 Ors.

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Md. Azad Hussain Mondal v. the State of Assam and 4 Ors.

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