Page No.# 1/6 GAHC010133992024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3482/2024 ANOWARA BEGUM D/O- MAJUN ALI, R/O- VILL AND P.O. ADABARI, DIST- NALBARI, ASSAM, PIN- 781126 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN- 781335 4:THE MANAGING COMMITTEE OF PERADHARA H.S. SCHOOL THROUGH THE MEMBER SECRETARY-CUM- PRINCIPAL OF PERADHARA H.S. SCHOOL PO- LARKUCHI VIA BARTALA PIN- 78113 Advocate for the Petitioner : MR. I H SAIKIA, MR. M R CHOUDHURY,MR. B BORAH,MR K KASHYAB,MR. K KALITA Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/6 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.05.2026 Heard Mr. I. H. Saikia, learned Counsel for the petitioner and Ms. P. Das, learned Standing Counsel for Secondary Education. By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus directing the respondent authorities to sanction the post of Subject Teacher in Education in Peradhara Higher Secondary School, Larkuchi. She has also prayed for setting aside the order dated 06.06.2024 passed by the Secretary to the Government of Assam, Education Department rejecting her claim for payment of salaries. The case of the petitioner is that she was appointed as a Subject Teacher in Education in the Peradhara Higher Secondary School by way of a resolution adopted in a meeting of the Managing Committee of the said school. She was appointed on 09.08.2005 and since then she was working in a non sanctioned post as a Subject Teacher in Education till date. It is the further case of the petitioner that the Principal of the said Higher Secondary School wrote to the Director of Secondary Education, Assam praying for sanctioning the post of Education in the said Higher Secondary School on 24.10.2005. Thereafter, the Inspector of Schools have also forwarded the proposal for sanctioning a post of Education in the said school vide letter dated 19.07.2006. Thereafter, number of requests were made both by the petitioner as well as the Principal of the said school. The petitioner on 22.06.2015 had again made a representation before the Hon'ble Education Minister of Assam, wherein she stated that she was permitted to serve at a Higher Secondary School from the day of her appointment but the post of Education is not Page No.# 3/6 sanctioned by the Government. She also stated that the subject has been permitted by the Assam Higher Secondary Education Council and a huge number of students have been appearing in the examinations and had also passed out in the said subject but the post of Education has not been sanctioned in the said Higher Secondary School. Thereafter, she filed representation before the Director of Secondary Education, Kahilipara and also a representation before the Commissioner and Secretary of the Government of Assam in the Education Department ventilating her grievance but nothing was done till date. Being constrained, she filed a writ petition before this Hon'ble Court and the same was registered as WP(C) No. 6319/2019 and this Court vide order dated 09.11.2021 had observed that the petitioner has been continuing as a Teacher in the subject of Education in the Higher Secondary School since the day of her appointment but was not paid the salary due to the fact that there was no sanctioned post of Subject Teacher in Education in the said Higher Secondary School and further observed that there are proposal from the Principal of the said Higher Secondary School for sanctioning the said post. As such, this Court held that it would be appropriate for the Principal Secretary to the Government of Assam in Education Department to decide and pass a reasoned order as regards the necessity of sanctioning a post of Subject Teacher in Education in the said Higher Secondary School. It was further held that once the post of Subject Teacher in Education is sanctioned, the Principal Secretary is directed to examine the records and to see as to how the petitioner was appointed to teach Education in the said Higher Secondary School and further held that if the petitioner was appointed by following due procedure, the petitioner should be regularized against the said sanctioned post and in case the petitioner was not appointed by following due procedure, the post has to be filled up a recruitment procedure under the Rules and while following the said procedure, the petitioner should be allowed to participate. It was Page No.# 4/6 also held that during the said selection process, the petitioner should be given appropriate weightage considering her long service in the said school since the year 2005 and also that the legitimate expectation of the petitioner should be taken into account. It was also observed that the petitioner has continued to serve the school for such a long period and that, she had to continue with the appointment at the request of the students as well as the authorities of the said school by forgoing other beneficial opportunity and as such necessary weightage was directed to be given to the petitioner. In spite of the said order, the Government of Assam in the Education Department did not pass any order which compelled the petitioner to file a contempt application being Contempt Case No. 315/2023 and during the contempt proceeding, the learned Counsel for the respondents placed an order dated 06.06.2024 by which it was stated that due to lack of credible documents, the salary of the petitioner could not be paid and on the basis of that order, the said contempt petition was closed. Thereafter by an order dated 06.06.2024, the Government of Assam in the Education Department had passed an order stating inter alia that the petitioner was appointed to teach the subject of Education in the said Higher Secondary School by the then In-Charge, Principal of the said school on Honorary basis and that when the school was upgraded from High School to Higher Secondary School, the subject of Education was not allotted and further that the petitioner was rendering her service against the non-sanctioned post in the said school. In the said order, an office memorandum was referred to bring home the fact that Managing Committee of Provincialized Educational Institution is not authorized to appoint any teacher or non-teaching staff and further that documents with regard to the appointment could not be placed by school management or the petitioner and as such the authorities allegedly on absence of documents and on so called Page No.# 5/6 careful consideration, rejected the claim of the petitioner for her salary by the said order. It is this order which is put to challenge by the petitioner in the instant petition with the further prayers as mentioned above. In the order dated 09.11.2021 passed by this Court, it was specifically directed that the Government of Assam in the Education Department should decide on the aspect of sanctioning a post of Education in Peradhara Higher Secondary School, due to the fact that the subject of Education is required in the said school and the students were also in large numbers for the said subject. It was further directed that once the post of Education is sanctioned in the said school, it has to be seen as to whether the petitioner was properly appointed and if it is so, she should be regularized in her post and if it is not, then a selection process was directed to be conducted and in the said selection process, the petitioner should be allowed to participate and also that the petitioner should be given weightage due to her long service in the said school. However, the authorities concerned were sitting over the matter and during the contempt proceeding, it was placed by the respondent authorities that due to lack of credible documents, the claim of the petitioner for salary could not be acceded to. However, it is crystal clear that in the said petition which was disposed of by order dated 09.11.2021, the authorities were directed to decide on the aspect of sanctioning a post in the school and thereafter decide to induct the petitioner in the said post or to hold a selection process. Payment of salary was although an issue but that was not the primary issue before the Court when the order of 09.11.2021 was passed. It is also seen in the impugned order dated 06.06.2024 that the authorities concerned had only taken into account the aspect of payment of salary to the petitioner. The authority had not decided, not to speak of passing of an order with regard to the directions given by this Court. They have not pondered about sanctioning a post of Education in the said school, which was the main direction of this Court by the said order. The order dated 09.11.2022 Page No.# 6/6 did not say for appointing the petitioner to a sanctioned post directly, it said that a post of Education should be sanctioned first and thereafter if it is required and if it is provided under the law, the petitioner may be inducted to the said post but the authorities concerned had passed an order that petitioner was wrongfully appointed and as such salary cannot be paid to her. It is further seen in the order that office memorandum was referred to which was of dated 30.05.2011 which is much after the petitioner was appointed. It is also reflected above that petitioner was appointed by the Managing Committee after taking a resolution dated 09.08.2005. It is also seen that petitioner has been working and imparting the subject of Education to the student since 2005 without any sanctioned post and without any salary. The said service of the petitioner was not considered at all by the authorities concerned and they have simply rejected her claim and without following the High Court's order, in its proper perspective have passed the order . As such the order dated 06.06.2024 is set aside and quashed and it is directed that the authorities in the Education Department should follow the order dated 09.11.2021. Further it is directed that the authorities in the School Education Department should sanction a post of Education in the Peradhara Higher Secondary School and appoint the petitioner if she is entitled to the said post under the law and further it is no res integra that once the authorities utilizes the services of an employee, he or she should be paid. Since the petitioner has been working in the said post of Subject Teacher in the Education Department, she should be paid. As such the authorities should accordingly pay her salaries, as per law. Petition is disposed of. JUDGE Comparing Assistant