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Judgment
Heard Mr. I. Choudury, learned Senior Counsel for the petitioners. Also heard Mr. N. Sarma, learned Standing Counsel for the Elementary
Education Department.
The petitioners claim to have been appointed after due selection sometime in the years 1993 to 1996 as Assistant Teachers in different L.P.
Schools. From 1993 upto 1996, they were paid their salary and allowances regularly. But from 1996 onwards, they did not receive the salary and
allowances. One of the purported reason for not receiving, as stated by the petitioner, was perhaps, as because the petitioners were appointed against
plan schemed posts and there were no proposed retention order.
Be that as it may, the petitioner approached this Court by way of an earlier writ petition being WP(C) No. 6930/2000 which was disposed of by the
order dated 15.12.2000. In the said order of 15.12.2000, it was taken note of that from 1996 onwards, the petitioners have not received the salary and
allowances and that the said petition was preferred for a direction to the authorities for payment of their salary and allowances. Accordingly, the writ
petition was disposed of by directing that the concerned DEEO of Hailakandi would make an enquiry and pass appropriate orders on their claim for
salary.
Apparently, in compliance thereof, the order dated 04.09.2002 was passed by the Joint Secretary to the Government of Assam in the Elementary
Education Department. By the said order, the petitioners along with others were regularized and adjusted against a non-plan scheme post with
prospective effect, and since then the petitioners are receiving their salaries.
But, as regards their claim for the salary for the earlier period 1996 upto the 2002, the petitioners preferred some other writ petitions being WP(C)
No. 1699/2003, WP(C) No. 1700/2003, WP(C) No. 1692/2003 etc. The said writ petitions were disposed of by order dated 07.03.2003 by directing the
respondents to examine their claim and release their arrear pay and allowances, along with the incremental benefits, if they were found entitled. In
compliance thereof, an enquiry was held through the Director of Elementary Education, Assam, resulting in an enquiry report dated 14.07.2003. The
enquiry report is as follows:
i). They had been appointed from a select list prepared by the Sub-Divisional Level Selection Board following the prescribed procedure.
(ii). Their appointments had been under Plan head.
(iii). They had received their salary upto May 1996 whereafter it was stopped for want of retention of their posts. As such they did not receive their
salary till 12/9/2002.
(iv). In terms of the orders of this Court, their services had been regularized by adjustment against non-plan vacant posts as per Government Order
memo No. A(I)-31/2001/Pt.-II/397 dated 4/9/2002 with the clearance of the Law and Finance Department as well as the approval of the personnel
(B) Department with prospective effect.
(v). Though these teachers have been working without any break since their dates of joining, their arrear salary could not be paid for want of retention
of their posts.
But before the full compliance of the order of this Court dated 07.03.2003 could be done and the enquiry report be brought to its logical end, the
authorities by an order dated 20.05.2010 had withdrawn the incremental benefits that were given to the petitioners. The order of 20.05.2010 was
assailed in WP(C) No. 3238/2010, which was disposed of by the order dated 27.01.2011 by which the order of withdrawal of increment dated
20.05.2010 was interfered and the respondents were directed to give consequential benefits to the petitioners. This writ petition has been preferred for
a direction to the respondent authorities to pay the arrear pay and allowances from 1996 upto 2002.
As already taken note of this Court by the order dated 07.03.2003 had already directed the authorities to make an enquiry and pass an order to the
effect that if the petitioners are found legally entitled to pay salary and allowances to the same be paid. It is further taken note of that pursuant to the
order dated 07.03.2003 the enquiry report dated 14.07.2003 was prepared but nothing further was done.
In the aforesaid circumstances, this writ petition disposed by directing the Director of Commissioner and Secretary to the Government of Assam in
the Elementary Education Department to examine the matter and pass a necessary reasoned order as regards the claim of pay and allowances for the
period of 1996 to 2002 as required by the order dated 07.03.2003 of this Court and also bring the enquiry report dated 14.07.2003 to its logical end.
The aforesaid be done within a period of 3(three) months from the date of receipt of the certified copy of this order. It is clarified that in doing so
the Commissioner and Secretary shall make an independent assessment of the claim and pass a necessary reasoned order without being influenced by
any observations made in this order as indicated above.
Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department points out that all the petitioners involved in this writ petition
may not be covered by the order dated 17.03.2003. The Commissioner shall also examine the aforesaid aspect. In terms of the above, this writ petition
stands disposed of.