Page No.# 1/7 GAHC010050852026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2006/2026 SRI RAMKRISHNA PAUL S/O LATE JATINDRA NATH PAUL,R/O VILLAGE KUROBAHA PATHAR,P.S. BARPETA, P.O KUROBAH , DISTRICT-BARPETA, ASSAM.PIN 781352 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELE) DEPARTMENT,DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE INSPECTOR OF SCHOOLS BAJALI PATHSALA DISTRICT-BARPETA ASSAM.PIN 781301 5:THE DEPUTY INSPECTOR OF SCHOOLS Page No.# 2/7 BAJALI PATHSALA DISTRICT BARPETA ASSAM.PIN 78130 Advocate for the Petitioner : MR N N UPADHYAYA, MR. S UPADHAYA,MR. B B KAKATI,MR R DHAR Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 20.08.2026 Heard Mr. R. Dhar, learned counsel, appearing for the petitioner. Also heard Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department, appearing for the Respondent Nos.1, 3, 4 and 5; and Ms. R.M. Baruah, learned Standing Counsel, Finance, appearing for the Respondent No.2. 2. As agreed to by the learned counsel for the parties, the present writ petition is taken up for final consideration at the admission stage and is being disposed of by the present order. 3. The petitioner in the present writ petition has raised a grievance with regard to the non authorization to him of his pay and allowances in a regular scale of pay on his appointment as a Stipendiary Teacher, effected vide order dated 23.03.2001, on compassionate grounds. Page No.# 3/7 4. The father of the petitioner while working as an Assistant Teacher in No.666 Katla L.P. School, had died in harness on 25.03.1997. The petitioner, thereafter, submitted an application for consideration of his case for appointment on compassionate grounds. The application submitted by the petitioner on being processed in terms of the scheme for appointment on compassionate grounds, in vogue, at the relevant point of time, came to be placed before the State Level Empowered Committee. The said Committe approved the appointment of the petitioner on compassionate grounds against a post of L.P. School teacher. Accordingly, the authorities in the Elementary Education Department, directed the Deputy Inspector of Schools, Bajali, Pathsala, vide a communication dated 16.03.2001, to appoint the petitioner against the post of L.P. School Teacher. Accordingly, the petitioner vide a order dated 23.03.2001, issued by the Deputy Inspector of Schools, Bajali, Pathsala, came to be appointed as a Stipendiary Teacher with a stipend of Rs.1800/- (Eighteen Hundred) per/month. The petitioner, thereafter, completed his Junior Basic Training Course and on completion of such course, the petitioner was vide an order dated 12.10.2004, authorized his pay and allowances in the scale of pay as prescribed for the post of Assistant Teacher in a L.P School. The petitioner was so authorized his pay and allowances w.e.f. 05.04.2004 i.e. the date on which he had cleared his Junior Basic Training Examination. The services of the petitioner was, thereafter, confirmed vide an order dated 17.08.2007. Page No.# 4/7 The petitioner, had continued in his services without raising any grievance with regard to the manner in which he was initially appointed as a Stipendiary Teacher. After lapse of around 18 (eighteen) years, the petitioner had instituted a writ petition being WP(C).No.5463/2019. However, the same was withdrawn with liberty to file afresh and accordingly, the present writ petition has been filed. 5. Mr. R. Dhar, learned counsel, appearing for the petitioner, has submitted that the petitioner being an appointee on compassionate grounds, he could not have been appointed as a Stipendiary Teacher, on a stipend. Mr. Dhar, submits that the petitioner was required to be so appointed as an Assistant Teacher and was also required to be authorized a scale of pay. He submits that the Respondent Authorities had proceeded to appoint, persons on compassionate grounds as Assistant Teacher in L.P. Schools, directly without requiring them to serve as a Stipendiary Teachers. Mr. Dhar, submits that the petitioner in not being extended the said benefit was discriminated against. 6. Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department, submits that the directions of the State Level Empowered Committee, was for appointing the petitioner as a L.P. School Teacher. He submits that the appointment of a L.P. School Teacher, is regulated by the provisions of the Rule holding the field and a candidate on his selection Page No.# 5/7 for appointment as a L.P. School Teacher, is initially appointed as a Stipendiary Teacher and only upon completion of the prescribed Junior Basic Training Course, such candidate is authorized his pay and allowances in the scale of pay attached to the post of Assistant Teacher. Mr. Bora, submits that the petitioner being an appointee on compassionate grounds, no error was committed by the Respondent Authorities, in appointing him as a Stipendiary Teacher and thereafter, authorizing to him a scale of pay on he clearing the Junior Basic Training Course. 6.1. Mr. P. K. Bora, has further submitted that even if, the date of institution of the earlier writ petition i.e. WP(C).No.5463/2019, is considered, it is found that the petitioner had approached this Court after 18 (eighteen) years w.e.f. the date of his initial appointment. He submits that the said delay is fatal and accordingly, the petitioner would not be entitled for the reliefs prayed for in the present writ petition. 7. I have heard the learned counsel for the parties and also perused the materials available on record. 8. The petitioner, herein, admittedly was appointed on compassionate grounds. The competent authorities had arrived at decision to appoint the petitioner on compassionate ground as a L.P. Page No.# 6/7 School Teacher. In terms of the Rules holding the field, a direct recruitee candidate against the post of L.P. School Teacher, is so appointed initially on stipendiary basis. It is only after the direct recruit candidate acquires or successfully completes the Junior Basic Training Course, he is authorized a scale of pay. The relaxation mandated for appointment on compassionate grounds is only with regard to the manner of recruitment of such candidates and it does not also mean a relaxation of the service conditions attached to the post, to which such appointment is made on compassionate grounds. The petitioner having been appointment by relaxing the norms of recruitment to the post of L.P. School Teacher, cannot further claim relaxation of the service conditions attached to the post of Assistant Teacher and require that he be w.e.f. the date of his initial appointment be authorized his pay and allowances in the scale of pay prescribed. As the L.P. School Teachers on their initial appointment are so appointed on stipendiary basis and after completion of the Junior Basic Training Course, they are authorized, their pay and allowances in the scale of pay attached to the post of Assistant Teacher in a L.P. School, the petitioner herein, only on the ground that he was an appointee on compassionate grounds, cannot be dealt in a different manner. 9. Accordingly, considering the manner in which the petitioner was initially appointed and thereafter, in compliance with the provisions of Page No.# 7/7 Rules holding the field, the petitioner being granted a scale of pay, this Court is of the considered view that the claim made by the petitioner for being authorized a scale of pay w.e.f. the date of his initial appointment as a Stipendiary Teacher, would not mandate an acceptance from this Court. 10. In view of the above discussion, this Court finds the present writ petition to be devoid of any merit and accordingly, the same stands dismissed. However, there would be no order as to costs. JUDGE Comparing Assistant