Page No.# 1/9 GAHC010264612024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6779/2024 DHULESWAR BARUAH A RETD ASSTT TEACHER OF RAJGARH ALI LP SCHOOL, S/O- LATE DEBEN BARUAH, R/O- VILLAGE BHARALUA GAON, P.O- ROMONI ALI, P.S- SIMALUGURI, DIST- SIVASAGAR, ASSAM, PIN-785686 VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DIRECTOR TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT HOUSEFED COMPLEX DISPUR GUWAHATI-6. 4:THE DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 Page No.# 2/9 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR DISTRICT ASSAM PIN- 785640. 6:THE DEPUTY INSPECTOR OF SCHOOLS NAZIRA SIVASAGAR DISTRICT ASSAM PIN- 78568 Advocate for the Petitioner : MR. M KALITA, MR. N M DAS,MR. A PHUKAN,MR. J HATIMURIA Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 31.03.2026 Heard Mr. M. Kalita, learned counsel, appearing for the petitioner. Also heard Mr. A. Phukan, learned Standing Counsel, Elementary Education Department, appearing for the respondent no.1, 4, 5 and 6; Mr. A. Chaliha, learned Standing Counsel, Finance Department, appearing for the respondent no.2; and Mr. C. K. S. Baruah, learned Government Advocate, appearing for the respondent no.3. 2. The petitioner in the present writ petition has prayed for a direction upon the respondent authorities for payment of his arrear salaries as well as regular pension and pensionary benefits as per provisions of the Assam Services (Pension) Rules, 1969. 3. The petitioner in the present writ petition has projected that he was appointed as a Stipendiary Teacher at Rajgarh Ali L.P. School vide an order dated 30.01.1996, issued by the Deputy Inspector of Schools, Nazira. The Page No.# 3/9 petitioner was authorized a monthly stipend of Rs.900/-(Rupees Nine Hundred) only. The petitioner projects that thereafter, he undergone his Junior Basic Training at the Basic Training Centre at Sonari, Sivasagar, and had cleared the said training on 21.07.2001. The petitioner was, thereafter, vide an order dated 25.02.2002, authorized his pay and allowances in the scale of pay as mandated w.e.f. 12.06.2001. The petitioner further projects that his Service Book was, thereafter, opened and a GPF account no. was also allotted to him. The pay and allowances of the petitioner not having been released, the petitioner along with other similarly situated persons approached this Court by way of instituting a writ petition being WP(C).No.7655/2015. A Co-ordinate Bench of this Court vide order dated 16.06.2017, disposed of the said writ petition directing the respondent authorities to pay the current salaries of the petitioner within 02 (two) months by relying on a earlier decisions of the Court in the case of Babul Ali and Ors. Vs. State of Assam and Ors. in [WP(C).No.870/2012]. The petitioner being held to be illegally/irregularly appointed teacher, the case of the petitioner was placed before a constituted Committee for consideration of his case. The Committee on considering the case of the petitioner, proceeded to recommend him as a teacher in a Primary/Upper Primary School. Accordingly, the respondent authorities vide order dated 30.01.2021, proceeded to accommodate the petitioner as an Assistant Teacher in Rajgarh Ali L.P. School w.e.f 01.11.2020. The said order also stipulated that the petitioner’s such appointment would be with prospective effect and he would not claim any benefit whatsoever, in respect of his past services rendered by him prior to 01.11.2020. The petitioner, thereafter, on reaching the age of superannuation retired from his services w.e.f. 30.09.2024. It is after the retirement of the petitioner from his services that the petitioner has instituted the present writ petition praying for the reliefs as noticed, hereinabove. 4. Mr. M. Kalita, learned counsel for the petitioner, by reiterating the facts noticed, hereinabove, has submitted that the petitioner was initially Page No.# 4/9 recruited as a Stipendiary Teacher and on completion of his Basic Training Course, he was authorized the scale of pay attached to the pay of Assistant Teacher in L.P School. The learned counsel for the petitioner has further submitted that the pay of the petitioner having been authorized a scale of pay, his appointment is held to be regular for all intent and purposes. 5. Mr. M. Kalita, further submits that a Co-ordinate Bench of this Court having disposed of the writ petition preferred by the petitioner claiming salaries w.e.f. March, 2012, by following the decision of this Court in the case of Babul Ali (supra), the respondent authorities ought not to have proceeded to issue impugned order dated 30.01.2021, accommodating the petitioner against a regular vacant post with prospective effect. Accordingly the learned counsel for the petitioner has submitted that the arrear salaries of the petitioner w.e.f. March, 2012 till 01.11.2020, would now be mandated to computed and released to the petitioner with a further direction to the respondent authorities to reckon the services rendered by the petitioner w.e.f the date he was so initially appointment as a Stipendiary Teacher i.e. w.e.f. 30.01.1996, till the date of his superannuation, as qualifying service and authorize to the petitioner his pension and pensionary benefits in terms of the provisions of the Assam Services (Pension) Rules, 1969. 6. Mr. A. Phukan, learned Standing Counsel, Elementary Education Department, has submitted that the petitioner’s initial appointment was found to have been so effected against non-existent post dehors the provisions of the Rules holding the field. He submits that although the petitioner was authorized a regular scale of pay on completion by him, of his Junior Basic Training, the same was stopped on account of shortage of budget against the allotted post. 7. It is further submitted by Mr. A. Phukan, that this Court vide order dated 02.03.2010, passed in WP(C).No. 1048/2004, had directed the Education Department to take a decision in the matter of regularization of irregular/illegal teachers. He submits that the matter of regularization of Page No.# 5/9 irregular/illegal teachers was thereafter placed before the Cabinet in its meeting held on 15.11.2011. He further submits that accordingly a Screening Committee was constituted to examine the cases of irregularly/illegally appointed teacher. Accordingly, the Director of Elementary Education Department, Assam, had invited applications from those irregularly/illegally appointed teachers, appointed during the period from 1991 to 2001 throughout the State by way of issuance of advertisement dated 01.02.2012 and 04.02.2012. He submits that the petitioner had applied in pursuance to the said advertisement and accordingly his case was considered by the Divisional Screening Committee. The petitioner on such screening came to be placed in List-1 i.e. in the list of Teacher who had received salaries and had also completed their Junior Basic Training. He submits that accordingly, the matter was again placed before the Cabinet and basing on the approval granted by the Cabinet in its meeting held on 07.10.2020, the petitioner came to be accommodated against a post of Assistant Teacher in Rajgarh Ali L. P. School vide issuance of the order dated 30.01.2021. He submits that the said accommodation was so effected prospectively w.e.f. 01.11.2020 and the petitioner was released his pay and allowances. Accordingly, he submits that the order dated 30.01.2021, had contained a stipulation to the effect that the petitioner cannot claim any benefit, whatsoever, in respect of the past services rendered by him prior to 01.11.2020 and that the petitioner would be covered by the provisions of the New Pension Scheme (NPS). He submits that the petitioner without any objections had joined his services in pursuance to the order dated 30.01.2021, by accepting the stipulations as set out, therein. Accordingly, he submits that it is not permissible at present for the petitioner to institute the present petition seeking for a direction for release of his salaries in arrears prior to 01.11.2020 and also for reckoning the said period for the purpose of bringing him within the fold of the provisions of the Assam Services (Pension) Rules, 1969. Page No.# 6/9 8. Mr. Mr. A. Phukan, learned Standing Counsel, appearing for the respondents, further submits that in the writ petition, the petitioner has not brought on record any material to demonstrate that his initial recruitment as a Stipendiary Teacher was in pursuance to a due process of selection undertaken in accordance with provisions of the Assam Elementary Education (Provincialisation) Rules, 1977. In the above premises, the learned Standing Counsel, submits that the prayer of the petitioner for releasing to him of his arrear salaries prior to 01.11.2020, would not mandate an acceptance from this Court and the writ petition would be mandated to be dismissed. 9. I have heard the learned counsel for the parties and perused the materials available on record. 10. The facts noticed, hereinabove, are not in dispute. The petitioner, in the present writ petition, has not brought on record any materials to demonstrate that his initial appointment as a Stipendiary Teacher effected vide order dated 30.01.1996, was so effected in pursuance of a due process of selection undergone by him in the matter in accordance with the provisions of the Assam Elementary Education (Provincialisation) Rules, 1977. It is seen that the petitioner, after his such engagement as a Stipendiary Teacher was deputed to undergo Junior Basic Training and in the meanwhile, also authorized a scale of pay by the jurisdictional Deputy Inspector of Schools. It is also found that the petitioner was authorized his scale of pay from a date prior to completion of his Junior Basic Training course. It is a settled position that a Stipendiary Teacher is entitled to draw his/her pay in the scale of pay authorized to the post of Assistant Teacher of an L.P. School only after completion by him of his Junior Basic Training course. The petitioner had completed his Junior Basic Training course only on 21.07.2001. Page No.# 7/9 11. It is seen that the Government of Assam in Education Department had approached the Cabinet with regard to the regularization of irregularly/illegally appointed teachers in various Elementary Schools of the state. 12. The Education Department, thereafter, proposed to constitute a Screening Committee to examine the validity of the appointment of the teachers, who were identified to have irregularly/illegally appointed. Accordingly, an Office Memorandum dated 15.11.2011, was issued constituting a Screening Committee to examine the cases of such irregularly/illegally appointed Teachers. In terms of the said Office Memorandum, advertisements came to be issued by the Director of Elementary Education, Assam, inviting applications from such irregularly/illegally appointed Teachers, appointed during the period of 1991- 2001. The petitioner was one of the candidates who had appeared before the Screening Committee. On conclusion of the proceedings before the Screening Committee and also after the verification of such recommendations made, in pursuance to further decisions taken in the matter, the recommendations, as made by the Screening Committees were segregated into 3 (three) different lists. List No.1 incorporating teachers who had received salaries up to 2007 and onwards and also had completed their Junior Basic Training course(JBT)/D.El.Ed. List No.2 incorporated teachers who had received salaries up to 2007 but had not acquired the Junior Basic Training course (JBT)/D.El.Ed. List-3 incorporated candidates who had neither received salaries nor had completed the prescribed training courses i.e. Junior Basic Training course (JBT)/D.El.Ed. 13. The matter was, thereafter, processed for placing before the Cabinet, seeking approval for accommodating those teachers who were placed in List No.1, as teachers, against personal/super-numerary posts, with prospective effect from the date of approval of the Cabinet. The teachers who were included in List No.2 were proposed to be accommodated as tutors with Page No.# 8/9 prospective effect from the date of approval of the Cabinet. The said proposals as placed before the Cabinet was approved by it in its meeting held on 07.10.2020. The petitioner being placed in List-1, he was accommodated as a Teacher vide issuance of an order dated 30.01.2021. 14. In the order dated 30.01.2021, it was stipulated that the accommodation of the petitioner as a teacher was purely personal in nature and would cease to exist as and when the petitioner retires from his services or expires. It was further stipulated that an undertaking would be mandated to be given by the petitioner along with his Joining Report that he would be covered by the new Pension Rules. It was further stipulated in the said order dated 30.01.2021 that the accommodated teacher would get prospective effect from 01.11.2020 only and he/she cannot claim any benefit, whatsoever, in respect of the past services rendered by him/her prior to 01.11.2020. In other words, the stipulations contained in the order dated 30.01.2021, had the effect of a fresh appointment order being issued in respect of the irregularly/illegally appointed teachers placed in List-1 as noticed, hereinabove, and such appointment was made with prospective effect i.e. w.e.f 01.11.2020. Further, such appointees were also barred from claiming their arrears of salaries prior to 01.11.2020. 15. This Court finds that the petitioner in pursuance to the said order dated 30.01.2021, accepted the same and submitted his Joining Report, without any objection, whatsoever. In the present writ petition also the petitioner had not challenged the stipulations as contained in the order dated 30.01.2021. 16. In view of the above position obtaining in the matter and the petitioner not having challenged the stipulations as contained in the order dated 30.01.2021 and he having accepted it by joining his services by submitting a fresh Joining Report, this Court is of the considered view that no benefit would be permissible to be extended to the petitioner, herein, contrary to what has been, stipulated in the order dated 30.01.2021. This Page No.# 9/9 Court further notices that after the joining of the petitioner in his services in pursuance to the order dated 30.01.2021, the petitioner had continued in his services under the terms and conditions as set out, therein, without raising any objection till he had superannuated from his services on 30.09.2024. The present writ petition was instituted on 09.12.2024 i.e. after the petitioner had superannuated from his services. The petitioner has also not disputed the fact that the petitioner was construed to be an irregularly/illegally appointed teachers and a fresh appointment, as effected in her case, vide the order dated 30.01.2021, was so done in pursuance to the petitioner appearing before the Screening Committee as constituted in the matter vide the Office Memorandum dated 15.11.2011. Accordingly, the petitioner is not found to be entitled to any further benefit, other than what came to be extended to him vide the order dated 30.01.2021. 17. In view of the above discussions, this Court is of the considered view that the present writ petition is devoid of any merits and accordingly, the same stands dismissed. However, there would be no order as to costs. JUDGE Comparing Assistant