Khalilur Rahman Dewan Vs the State of Assam and 3 Ors. — Gauhati HC (2026) — LawSathi Research

Khalilur Rahman Dewan Vs the State of Assam and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to file a fresh representation (with the writ petition and enclosures) before the Commissioner & Secretary, Education (Secondary) Department within two weeks; the authority to examine the claim in view of the Director (Secondary) Education recommendation dated 19.10.2023 and pass appropriate order expeditiously within three months of receipt. Entitlement to grade pay was not adjudicated by this order.

Issue for consideration

Whether the petitioner, in view of his qualification, is entitled to the grade pay of Rs. 3,300/- given to the senior classical teacher, with effect from his date of joining as Arabic Teacher at Kapila Pubpara High Madrassa, Bongaigaon District.

Court's answer

After hearing counsel and considering the facts, the Court disposed of the writ petition by directing the respondent authorities to examine the petitioner's claim, more particularly in view of the recommendation made by the Director (Secondary) Education Department, Assam dated 19.10.2023 to the Commissioner and Secretary, Education (Secondary) Department.

Ratio / Principle

The petitioner was directed to file a fresh representation alongwith the writ petition and its enclosures before the Commissioner & Secretary, Education (Secondary) Department within two weeks from the date of the order.

Key takeaways

Upon receipt of the fresh representation, the Commissioner & Secretary to the Govt. of Assam, Education (Secondary) Department was directed to consider the claim and pass appropriate order expeditiously within three months from the date of receipt of the representation.ratio¶27

Detailed headnote1 paragraphs

Gauhati High Court (single judge, Hon'ble Mr. Justice Budi Habung), order dated 05.06.2026 in WP(C)/1884/2022: writ petition of Khalilur Rahman Dewan, Arabic Teacher at Kapila Pubpara High Madrassa, Bongaigaon District, who claimed grade pay of Rs. 3,300/- admissible to a senior classical teacher with effect from his date of joining. Respondents filed no counter affidavit; the Standing Counsel (Secondary Education) contended the petitioner lacked qualification under the Assam Provincialisation of Service (Amendment) Rules, 2012. Counsel cited the matter as covered by WP(C) No. 1846/2022. The Court did not adjudicate entitlement; it disposed of the petition directing the respondent authorities to examine the claim, particularly in view of the recommendation of the Director (Secondary) Education Department dated 19.10.2023 (recorded earlier in the judgment as 19.10.2013) to the Commissioner & Secretary, Education (Secondary) Department. Petitioner to submit a fresh representation with the writ petition and enclosures within two weeks; the Commissioner & Secretary to consider and pass appropriate order expeditiously within three months of receipt.

Page No.# 1/2

GAHC010046872022

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

Case No. : WP(C)/1884/2022

KHALILUR RAHMAN DEWAN

VILL-KOKILA MACHPARA, P.O.-KOKILA BAZAR, DIST-BONGAIGAON, ASSAM

VERSUS

THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE (BUDGET) DEPARTMENT DISPUR GUWAHATI-781006

3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

4:THE INSPECTOR OF SCHOOLS B.D.C. BONGAIGAON PIN-78338

Advocate for the Petitioner : MR. N H BARBHUIYA, MS N J BEGUM

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

BEFORE

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HONOURABLE MR. JUSTICE BUDI HABUNG

ORDER

Date : 05.06.2026

Heard Ms. N. U. Laskar, learned counsel for the petitioner. Also heard Mr. P. B. Dutta, learned Standing Counsel, Secondary Education Department, Assam.

2 ] At the outset, the learnd counsel for the petitioner submits that it is a covered case similar to the order passed in WP(C) No. 1846/2022, and thus prays for similar direction.

3 ] In this writ petition, the grievance of the petitioner is that, in view of his qualification, he has claimed that he is entitled to a grade pay of Rs. 3,300/- which is given to the senior classical teacher with effect from his date of joining as Arabic Teacher at Kapila Pubpara High Madrassa under Bongaigaon District.

4 ] It is submitted that an enquiry was conducted and recommendation was made by the Director of School Education Department, Assam, Kahilipara, Guwahati -19 who then forwarded the recommendation to the Commissioner and Secretary to the Govt. of Assam, Education (Secondary) Department on 19.10.2013.

5 ] In respect of the claim of the petitioner, the respondents have not filed any counter affidavit. However, the learned Standing Counsel, Education (Secondary) Department, Assam submits that the petitioner is not entitled to get the said benefit as he lacked qualification as per the Assam Provincialisation of Service (Amendment) Rules, 2012.

6 ] After hearing the learned counsel for the parties and having considered the facts and circumstances of the case, this writ petition is disposed by directing the respondent authorities to examine the claim of the petitioner in terms of the claim made by the petitioner, more particularly, in view of the recommendation made by the Director (Secondary) Education Department, Assam dated 19.10.2023 to the Commissioner and Secretary to the Govt. of Assam, Education (Secondary) Department, Assam as stated above.

7 ] The learned counsel for the petitioner submits that the petitioner has submitted a representation before the Minister of Education, Assam to facilitate the respondents to consider the case of the petitioner but the same has not been considered till date.

8 ] In view of the above, the petitioner shall file a fresh representation alongwith the writ petition and its enclosures before the Commissioner & Secretary to the Govt. of Assam, Education (Secondary) Department within a period of 2 (two) weeks from today. Upon receipt of such representation, the Commissioner & Secretary to the Govt. of Assam, Education (Secondary) Department shall consider and pass appropriate order expeditiously within a period of 3 (three) months from the date of receipt of the representation from the petitioner.

9 ] With the above observation and direction, this writ petition is disposed of.

JUDGE

Comparing Assistant