Page No.# 1/4 GAHC010283542023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7383/2023 JYOTISMITA BORAH D/O- MR. MOHENDRA BORAH, R/O- LALUK, LAKHIMPUR, P.O. AND P.S. LALUK, DIST.- LAKHIMPUR, ASSAM, PIN- 787160 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM 2:THE CHAIRMAN ASSAM HIGHER SECONDARY EDUCATION COUNCIL (AHSEC) BAMUNIMAIDAN GUWAHATI ASSAM PIN- 781021 3:THE SECRETARY ASSAM HIGHER SECONDARY EDUCATION COUNCIL (AHSEC) BAMUNIMAIDAN GUWAHATI ASSAM PIN- 781021 4:THE DEPUTY SECRETARY (ACADEMIC) ASSAM HIGHER SECONDARY EDUCATION COUNCIL (AHSEC) BAMUNIMAIDAN GUWAHATI ASSAM PIN- 781021 5:THE DEPUTY SECRETARY (ADMINISTRATION) Page No.# 2/4 ASSAM HIGHER SECONDARY EDUCATION COUNCIL (AHSEC) BAMUNIMAIDAN GUWAHATI ASSAM PIN- 781021 6:THE ADMINISTRATIVE COMMITTEE ASSAM HIGHER SECONDARY EDUCATION COUNCIL (AHSEC) BAMUNIMAIDAN GUWAHATI ASSAM PIN- 781021 (REPRESENTED BY THE CHAIRMAN OF THE COMMITTEE) 7:THE FINANCE COMMITTEE ASSAM HIGHER SECONDARY EDUCATION COUNCIL (AHSEC) BAMUNIMAIDAN GUWAHATI ASSAM PIN- 781021 (REPRESENTED BY THE CHAIRMAN OF THE COMMITTEE Advocate for the Petitioner : MR. P K MAZUMDAR, MS. D PATHAK,MR. R DE Advocate for the Respondent : SC, SEC. EDU., MR. T C CHUTIA, SC,AHSEC BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.03.2026 Heard Mr. R. De, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Standing counsel, AHSEC for respondent Nos. 2 to 7 and Ms. D. Musahari, learned counsel for respondent No.1. 2. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for raising the grade pay from Rs.13,300/- to Rs.13,900/- corresponding to the pay scale of Level-I Head of the Departments of the Government of Assam. Page No.# 3/4 3. The petitioner has challenged the action in the said petition on the part of the respondents in depriving the petitioner of the legitimate pay grade. 4. It is the case of the petitioner that she was appointed to the post of Assistant Co-ordinator (Academic) under the Assam State Open School of the Assam Higher Secondary Education Council in the pay scale of Rs.12000-40000 and grade pay of Rs.5900/- p.m by order dated 12.09.2016. The petitioner was placed on probation for a period of 2 (two) years by the said order. Subsequently on 29.08.2020 the services of the petitioner was confirmed to the post of Assistant Co-ordinator against the sanctioned post with effect from 01.08.2020. Later on, the pay scale was revised to Rs.30000-110000/- and the grade pay was also revised to Rs.13,300/-. However, it is the case of the petitioner that her post is equivalent to the post of Assistant Secretary of HOD Level-I of Secondary Education Department and the pay scale is revised to Rs.30000-110000 and grade pay was also revised to Rs.13,900/- but in case of the petitioner the grade pay was revised only to Rs.13,300/-. 5. Aggrieved with the fixation of grade pay below that of Assistant Secretaries of HOD Level-I of Secondary Education Department, the petitioner submitted representations last being 11.07.2023 but the same was not given any heed to by the department concerned. 6. Mr. R. De, learned counsel for the petitioner submits that the post of Assistant Secretary and the post of Assistant Co-ordinator are in the same grade and both the post should carry the same grade pay however, a distinction is made for reasons best known to the respondent authorities. He, by referring to the affidavit filed by the respondents have placed that the respondents have also admitted that the petitioner has been working in the Office of the Education Page No.# 4/4 Department as Assistant Co-ordinator in the equivalent pay scale of the Assistant Secretary cadre post since 14.09.2016. 7. Mr. De has also placed an order of this Hon’ble High Court dated 16.08.2016 by which this Hon’ble High Court has given relief in a similar case in writ petition being WP(C)No.992/2009. 8. Mr. T.C. Chutia, learned Standing Counsel for the respondent Nos. 2 to 7 also fairly submits that in the regulations of Assam Higher Secondary Education Council (condition of Service of Employees) Regulations, 2021, in Chapter II, which provides for the class and cadre of the service, both the post of Assistant Secretary and Assistant Co-ordinator are placed in the same class II junior cadres. 9. In view of what has been stated above, there is merit in the contention on behalf of the petitioner, and as such it is directed that the petitioner would be entitled to the revised pay grade of Rs.13,900/- with effect from the date of joining in the post of Assistant co-ordinator i.e. from the date of 12.09.2016. Further consequential benefits shall be released to the petitioner within a reasonable period of time from the date of this order, by the authority concerned. 10. Accordingly, writ petition is allowed. 11. No order as to cost. JUDGE Comparing Assistant