Page No.# 1/11 GAHC010052312024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1614/2024 A MANIHAR SINGHA AND 25 ORS S/O- A. NITAL SINGHA, VILL- DAKHIN MOHAN PUR, P.O.- GOBINDRA NAGAR, DIST- CACHAR, ASSAM. 2: MRINAL KANTI NATH S/O- MAHINDRA CHANDRA NATH VILL- MALUGRAM P.O.- PANIBHORA DIST.- CACHAR ASSAM. 3: SAHIDA SULTANA W/O- MD. SAMSUL HOQUE CHOUDHURY R/O- LAKHIPUR WARD NO. 2 PO- LAKHIPUR DIST.- CACHAR ASSAM- 788103. 4: SHYAM KUMAR SINGHA S/O- LT. TAMBI SINGHA VILL- LABAKPUR PT-II DIST.- CACHAR ASSAM. Page No.# 2/11 5: AZIM UDDIN S/O- LT. TAMIZ UDDIN VILL. AND P.O.- MANIPUR PT.-II DIST.- CACHAR ASSAM. 6: AMARJIT CHANDA S/O- LT. AMULYA KR. CHANDA VILL. AND P.O.- DARMIKHAL DIST.- CACHAR ASSAM. 7: USHA RANI DEVI D/O- GIRI SINGHA VILL- SANJAM SUMBI P.O.- SIBPUR DIST.- CACHAR ASSAM. 8: KESHAB PRASAD GOALA S/O- SRI RAM GIRISH GOALA VILL- GANGAPUR PO- BADARPUR DIST.- CACHAR ASSAM. 9: NIKHILESH GOALA S/O- KANTA PRASAD GOALA VILL- DULANGRAM P.O.- DHOLAI DIST.- CACHAR ASSAM. 10: PH. ANIMA SINGHA D/O- LT. CHOUBA SINGHA Page No.# 3/11 VILL. AND P.O.- SINGERBOND DIST.- CACHAR ASSAM. 11: INDRANI DEVI D/O- NILKANTA SINGHA VILL- PURAGRAM P.O.- LAKHIPUR DIST.- CACHAR ASSAM. 12: BENU SINGHA D/O- GABARDHAN SINGHA VILL- JOYPUR NATUN BAZAR PO- RAJABAZAR DIST.- CACHAR ASSAM. 13: NARAYAN CHANDRA DAS S/O- LT. RAI CHANDRA DAS R/O- S.S. ROAD MALUGRAM P.O.- SILCHAR-2 DIST.- CACHAR ASSAM. 14: SHYAMAL NATH S/O- SURESH CHANDRA NATH VILL- VICTOR GANGAPAR P.O.- JARAILTOLA DIST.- CACHAR ASSAM. 15: DIPALI PURAKAYASTHA D/O- LT. GIRINDRA KR. PURAKAYASTHA Page No.# 4/11 R/O- LINK ROAD P.O.- SILCHAR-6 DIST.- CACHAR ASSAM. 16: A BRAJABABU SINGHA S/O- LT. A. IBACHA SINGHA VILL. AND P.O.- SINGERBAND DIST.- CACHAR ASSAM. 17: A. BRINDRASAKHI SINGHA D/O A. MAIN SINGHA VILL- NAGDIRGRAM PT-II PO- KABUGANJ DIST.- CACHAR ASSAM. 18: FARID UDDIN LASKAR S/O- LATE MOHABBAT ALI LASKAR VILL. AND P.O.- SONABARIGHAT DIST.- CACHAR ASSAM. 19: TASAUR RAHMAN BARBHUIYA S/O- SONNAHAR UDDIN BARBHUIYA VILL. AND P.O.- DONEYHARY DIST.- CACHAR ASSAM. 20: TAZUDDIN MAZUMDAR S/O- JAMAL UDDIN MAZUMDAR VILL- NEW HAILAKANDI P.O.- UMACHAR Page No.# 5/11 DIST.- CACHAR ASSAM. 21: KSH. SHANTIBALA SINSHA W/O- KANTA SINGHA VILL- LALKOL P.O.- SINGERBOND DIST.- CACHAR ASSAM. 22: JAMIL AHMED LASKAR S/O- TAHIR ALI LASKAR VILL- RUPAIRBARI P.O.- HAZARIBRAM DIST.- CACHAR ASSAM. 23: SAMSUDDIN MAZUMDAR S/O- MAJAID ALI MAZUMDAR VILL- HATIRHAR P.O.- HAJARIGRAM DIST.- CACHAR ASSAM. 24: AMRIT LAL BHOWMIK S/O- ABANI BHOWMIK VILL- JAMALPUR P.O.- PALANGHAT DIST.- CACHAR ASSAM. 25: ANANTA DEB S/O- ARABINDU DEB VILL- CHANDRAPUR Page No.# 6/11 P.O.- BANSKANDI DIST.- CACHAR ASSAM. 26: AMINUL ISLAM LASKAR S/O- MASADDAR ALI VILLAGE AND P.O.- NEAIRGRAM DIST.- CACHAR ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETRY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM- 788001 Advocate for the Petitioner : MR S HOQUE, MR. A H M R CHOUDHURY(P 1-18,20-24,26),MR H R A CHOUDHURY(P 1-18,20-24,26),MS. E SIDDIQUI,MR. M DEKA Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Page No.# 7/11 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 21.05.2026 Heard Mr. HRA Choudhury, learned Senior Counsel assisted By Mr. AHMR Choudhury, learned Counsel for the petitioner and Mr. B. Kaushik, learned Standing Counsel for the Elementary Education. By this application filed under Article 226 of the Constitution of India, the petitioners have prayed for setting aside the order dated 25.07.2023 issued by the Secretary to the Government of Assam, Department of School Education as well as for a direction to release the outstanding arrear salaries of the petitioners from the date of regularization of their services i.e. with effect from 20.08.2005. The petitioners have also made the further prayer that the respondent should pay their current salaries as well. The case of the petitioner is that they were appointed as Assistant Teachers in various M.E. School and M.E., Madrassa, pursuant to the order of the then DEEO, Cachar, Silchar. The appointment order states that the same was on a temporary basis and that the appointment of the candidates were approved by the Chairman, Sub-Divisional Advisory Board for Elementary Education. Thereafter, the services of the petitioners were regularized vide order dated 20.08.2005 wherein it was stated that the Director of Elementary Education in pursuance to the Government order dated 09.08.2025 issued under the decision of the cabinet meeting held on 24.02.2005 for regularisation of the services of 2776 numbers of teachers of the state, had regularized the petitioners services and that too after an enquiry by the Enquiry Committee headed by Sri. S. Manohar(IAS). The petitioners are within the said 2776 numbers of teachers whose services were regularized by the said order. In the said order, it is also Page No.# 8/11 directed that the teachers will be eligible for salary from the date of joining after regularization in the vacant post. The petitioners along with other similarly situated teachers filed a writ petition before this Court being WP(C) No.2142/2009 and this Court vide order dated 05.05.2022 directed that the authorities would see whether the petitioners including the present petitioners are included in the said 2776 number of teachers whose services were regularised as per the cabinet decision and also to find out whether the said teacher were working in the said post. This Court further directed that the petitioners would file individual representations before the Secretary to the Government of Assam in the Elementary Education Department by annexing all such documents/testimonials to substantiate that their names are included in said 2776 numbers of teachers and that they are still working in the respective post. Further direction was given to the authorities to dispose of the individual representation within a time frame. Mr. HRA Choudhury, learned Senior Counsel submits that pursuant to the said judgment and order, the petitioner made individual representations before the Secretary to the Government of Assam in the Elementary Education Department with the necessary documents as well as testimonials, with the further information that they were within the said group of 2776 post and were working in the said post. Mr. HRA Choudhury, learned Senior Counsel further submits that by letter dated 16.07.2022, the Secretary to the Government of Assam in the Elementary Education Department had intimated to the Commissioner and Secretary, Education Department that petitioners have submitted their individual representations which were 34 in numbers with relevant documents and testimonials in pursuant to the High Court's order dated 05.05.2022 passed in Page No.# 9/11 writ petition no. 2142/2009. It is further stated in the said letter that the petitioners along with their representations have attached the fax message of the finance department wherein it was stated that the Treasury Officer, Cachar was directed not to entertain bills presented by the petitioners until further order. However, there was no subsequent order to that. It was further stated that since the Hon'ble High Court had ordered for disposing of the representation within a period of 30 days, the Secretary to the Government of Assam in Elementary Education had requested the Commissioner and Secretary to the Government of Assam, Finance Department to provide instructions in respect of the said matter for disposal of the cases. However, Mr. HRA Choudhury, learned Senior Counsel submits that pursuant to the same, the impugned order was issued on 25.07.2023 by which although it is stated that the said order was passed in pursuance to the Hon'ble High Courts orders passed in 2142/2009 which had ordered the authorities to look into two aspects in the matter, the authorities concerned i.e. Secretary to the Government of Assam Department of School Education had deliberated beyond the aspects mentioned by the Hon'ble High Court i.e. to see whether petitioners are within 2776 post and whether they are still working. In the said impugned order, the Secretary to the Government of Assam after going into the fact that screening committees were constituted who had looked into various aspects such as nature of appointment, status of post, working status, status of salary and the academic qualifications etc. of the teachers including the petitioners verified the same and prepared reports and prepared three lists. The first list contained the teachers who have received salaries up to 2007 and did not had degrees, the second list, the teachers who have received salaries up to 2007 and had degrees and third list was prepared who have neither received salaries Page No.# 10/11 nor had degrees. Thereafter a cabinet memorandum was prepared on 07.10.2020 and based on the said reports as well as the said cabinet memorandum, the Secretary to the Government of Assam Department of School Education gave his decision that none of the petitioners had fulfilled their criteria laid in the cabinet memorandum and that they neither got any salary for any period nor any kind of training was received by them and the claims were rejected. It is therefore seen that the concerned authorities in the Elementary Education Department did not follow the order passed by the Hon'ble High Court which contemplated that individual representations will be filed which would be disposed of by individual orders and that the authorities had disposed of by a common order and that too by taking into account the cabinet memorandum and the report of the committee constituted before hand, whereas the only aspects that needs to be seen by the authorities in the Elementary Department of School Education is whether the petitioners were within the group of 2776 teachers referred in order dated 09.08.2005 as stated above and whether they are still working. It is rather seen that they have not considered both the points in the said impugned order. It is directed that the petitioners would make representations before the Secretary to the Government of Assam, Elementary Education Department ventilating their grievances as mentioned in the order dated 05.05.2022 passed in WP(C) no. 2142/2009 which had ordered for verifying only two aspects of the matter as stated above. It is further directed that if any petitioner has expired, the representatives of the said petitioner may submit representations before the authorities concerned. On receipt of the representation, the authorities in the school Education Department would dispose of the same within a period of two Page No.# 11/11 months from the date of receipt of the representations and if it is found that the petitioners are within the said group of 2776 teachers and they are still working their salaries should also be released as per law. The petitioners are directed further to submit their representations at the earliest. The impugned order dated 25.07.2023 is hereby set aside and quashed. Petition is disposed of. JUDGE Comparing Assistant