Domon Swargiary and 9 Ors. Vs the State of Assam and 5 Ors.

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GAHC010128772020

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2026:GAU-AS:8227

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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)/3993/2020

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DOMON SWARGIARY AND 9 ORS

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S/O- LT. RABI RAM SWARGIARY, R/O- VILL- GOLAGAON, P.O. GOLAGAON, DIST.- BAKSA, B.T.A.D., ASSAM, PIN- 781327

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2: NRIPENDRA NATH KALITA S/O- LT. UMESH CH. KALITA R/O- VILL- BAGHMARA P.O. BAGHMARA BAZAR DIST.- BAKSA B.T.A.D. ASSAM PIN- 781328

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3: LAHIRAM BASUMATARY S/O- LT. GOLAK CH. BASUMATARY R/O- VILL- SARU MANIKPUR P.O. SARU MANIKPUR DIST.- BAKSA B.T.A.D. ASSAM PIN- 781329

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4: NAREN CH. BARO S/O- LT. KALA CH. BARO R/O- VILL- BARKHARUA P.O. KHARUA DIST.- BAKSA B.T.A.D. ASSAM PIN- 781346

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5: MANILAL BASUMATARY S/O- LT. DEBEN BASUMATARY R/O- VILL- BATABARI

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P.O. JALAGAON DIST.- BAKSA B.T.A.D. ASSAM PIN- 781373 6: ANANDA RAM LAHARY S/O- LT. PHNIDHAR LAHARY R/O- VILL- BARBARI P.O. DHANBIL DIST.- BAKSA B.T.A.D. ASSAM PIN- 781343 7: HRIDAY CH. RABHA @ SRI HRIDAY RAVA S/O- LT. KRISHNA KANTA RABHA R/O- VILL- SANTAPARA P.O. THAMNA DIST.- BAKSA B.T.A.D. ASSAM PIN- 781377 8: SRI KAMAL GAYARI S/O- LT. RAJEN GAYARI R/O- VILL- SILBARI P.O. BAMUNKATA DIST.- BAKSA B.T.A.D. ASSAM PIN- 781328 9: RAJENDRA RAMCHIARY S/O- LT. BHEBLA RAMCHIARY R/O- VILL- PAKHAMARA P.O. DHANBIL DIST.- BAKSA B.T.A.D. ASSAM PIN- 781343 10: NARESWAR DEKA S/O- LT. SAMIN DEKA R/O- VILL- KHARUA P.O. KHARUA DIST.- BAKSA B.T.A.D.

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ASSAM PIN- 78134 VERSUS

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THE STATE OF ASSAM AND 5 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF SECONDARY EDUCATION, DISPUR, GHY-6

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2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GHY-6 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 4:BODOLAND TERRITORIAL AUTONOMOUS DISTRICTS TO BE REP. BY THE PRINCIPAL SECY. TO THE BTC KOKRAJHAR 5:DIRECTOR OF EDUCATION BTC KOKRAJHAR 6:INSPECTOR OF SCHOOLS BAKSA MUSHALPUR ASSA

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Advocate for the Petitioner : MR. C GOSWAMI, Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE,SC, BTC

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BEFORE

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HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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10/06/2026

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Heard Mr. C Goswami, learned counsel for the petitioners. Also heard Mr. P Nayak, learned Additional AG, appearing for the respondent No. 2 and Mr. B C

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Musahary, learned Standing counsel, BTC, appearing for the respondent Nos. 4, 5 & 6. None has appeared for the respondent Nos. 1 & 3.

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2. The petitioners in the present writ petition have projected that they were engaged on fixed pay basis during the period 1997-1998 as LDA as well as Gardener by the erstwhile BAC authorities.

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3. The petitioners submit that although, they have been appointed by issuing individual orders of appointment on fixed pay basis, their salaries have not been released to them. Accordingly, the present writ petition was instituted by the petitioners, praying for release of the current salaries as well as arrear salaries, with effect from the date of their respective joining in their services.

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4. Mr. Goswami, learned counsel for the petitioners submits that the petitioners were continuing in their services and although, it is projected by the respondent authorities in the affidavit filed by them in the present matter, that the services of the petitioners were terminated, no such order of termination was served upon the petitioners at any point of time. Accordingly, he submits that a direction be issued to the respondent authorities to release to the petitioners their respective wages/salaries in the fixed scale of pay with effect from the date of their appointment, which was effected sometime in the year 1997-1998.

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5. Mr. Musahary, learned counsel for the respondents BTC, submits that the services of the petitioners and other similarly situated persons, were terminated vide an order dated 12.11.2004, issued by the Joint Secretary, Bodoland Territorial Council, in terms of the resolution adopted in this connection by the Executive Council of the BTC on 12.10.2004.

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6. It is submitted that the petitioners, herein, were engaged without following any due procedure and were appointed against non-sanctioned and/or non-existent posts. He further submits that the engagement of the petitioners did not have the approval of the BAC/BTC authorities.

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7. Mr. Musahary, learned counsel for the respondents BTC has referred to a decision rendered by a Co-ordinate Bench of this Court, vide order dated 31.05.2023 in WP(C) No. 7878/2017, wherein, under similar circumstances, this Court had rejected the claim of the petitioner, therein, for payment of his salaries. Accordingly, he submits that the claim made by the petitioners in the present writ petition would not be maintainable.

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8. I have heard the learned counsel for the parties and also perused the materials available on record.

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9. The petitioners were appointed during the period 1997-1998 as LDA as well as Gardener. The orders of appointment of the petitioners on fixed pay basis are seen to have been issued by the jurisdictional Inspector of Schools. However, such appointments are found to have been not effected against any sanctioned vacant post.

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10. The petitioners contend that although, they had joined their respective services after the issuance of their respective appointment orders, which were so issued during the period 1997-1998, they were not being authorized their salaries. It is also contended that some of the petitioners had approached this Court in the year 2003 by way of instituting WP(C) No. 3460/2003. The said writ petition was disposed of by a Co-ordinate Bench of this Court vide order dated 23.05.2003, by directing the respondent authorities to examine the claim of the

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petitioners, therein, for release of their wages/salaries and allowances.

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11. It is submitted that in spite of the said directions, the respondent authorities have not released to the petitioners their wages/salaries. The petitioners are found to have waited for further 17 years to institute the present writ petition.

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12. As projected by the respondents, the services of the petitioners were terminated vide an order dated 12.11.2004. The petitioners have not disputed the said position by way of filing a rejoinder. Further, the termination orders issued in respect of the petitioners have also not been challenged.

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13. The only plea taken by the learned counsel for the petitioners in this connection is to the effect that the orders issued towards terminating the services of the petitioners were never served upon them. However, no pleadings in this connection has been brought on record.

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14. Considering the attending facts and circumstances involved in the present writ petition and the delay occasioning in approaching this Court in the present round of litigation, this Court is of the considered view that the termination of the petitioners would not be permissible to be now examined. Accordingly, the petitioners are held to be not in service after 12.11.2004.

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15. Considering the contention of the petitioners that they have not been released their wages/salaries since the date of their initial engagement, which was so effected by the jurisdictional Inspector of Schools, BDC, Barpeta, during the period 1997-1998, this Court directs the petitioners to submit individual representations before the Director of Education, Bodoland Territorial Council, within a period of 1 (one) month from today, stating their claim for being

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released their wages/salaries in arrears with effect from the date of their initial engagement till 12.11.2004. The petitioners for the purpose of justifying their presence in the said school shall bring on record materials in support of the same.

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16. The Director of Education, Bodoland Territorial Council, on receipt of such representations from the petitioners, shall consider the same in accordance with law and pass orders thereon and communicate the same to the petitioners, within a period of 3 (three) months from the date of receipt of the individual representations from the petitioners along with a certified copy of this order.

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17. In the event, the petitioners are found to be entitled to receive the arrear wages/salaries for the period of services rendered by them till 12.11.2004, the Director of Education, Bodoland Territorial Council, shall release to the petitioners their respective wages/salaries, in terms of the orders of appointment issued in their respective cases.

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18. With the above observations and directions, the present writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Domon Swargiary and 9 Ors. v. the State of Assam and 5 Ors.

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Domon Swargiary and 9 Ors. v. the State of Assam and 5 Ors.

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