Page No.# 1/5 GAHC010089082025 2025:GAU-AS:6197 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2230/2025 SRI DIPAK KUMAR DAS ANDANR S/O-LATE NAVA KUMAR DAS,R/O-LACHIT NAGAR,P.O-GOPALBAZAR,DIST- NALBARI,ASSAM 2: SMT JHARNA KALITA W/O-SRI. ATUL KALITA R/O-VILL-MALIPARA P.O-KAZIPARA P.S-NALBARI DIST-NALBARI ASSA VERSUS THE STATE OF ASSAM AND ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM,DEPARTMENT OF SCHOOL EDUCATION,DISPUR,GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06 3:THE DIRETOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER NALBARI P.O AND DIST-NALBARI ASSAM-781335 5:THE INSPECTOR OF SCHOOLS NDC NALBARI P.O AND DIST-NALBARI ASSAM-78133 Page No.# 2/5 Advocate for the Petitioner : MR. R SHARMA, MR. S K GOSWAMI Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 19.05.2025 Heard Mr. S. K. Goswami, learned counsel for the petitioners. Also heard Mr. S. M. T. Chistie, learned standing counsel, Secondary Education Department as well as Elementary Education Department. 2. It is the case of the petitioners that they have completed their graduation in the year 1994 and 1990 respectively. Thereafter, the petitioners joined in their respective schools as Assistant Teacher in the year 1999. The petitioners were thereafter transferred to Uttar Nalbari Bidyapith M. E. Schools and they have also completed their D.El.Ed. (ODL) Course in the year 2019. It is the further case of the petitioners that they were granted grade pay of Rs. 8,700/- in terms of the Notification dated 27th of January, 2022 issued by the Principal Secretary to the Govt. of Assam, Finance Department. 3. The petitioners are aggrieved with the Communication dated 18.03.2025, issued by the Inspector of Schools, NDC, Nalbari and addressed to the Head of Institution (All) under Inspector of Schools, NDC, Nalbari and the said Communication reads as under: “GOVT. OF ASSAM OFFICE OF THE INSPECTOR OF SCHOOLS:: NALBARI DISTRICT CIRCLE::NALBARI College Road, Nalbari: email id- is.nalbari123@gmail.com No: IS/NDC/Misc/Nal/1/2022/ Date: 18.03.2025 Page No.# 3/5 From- Jayanta Thakuria, AES-I Inspector of Schools NDC, Nalbari To, TheHead of the Institution (All) Under Inspector of Schools, NDC, Nalbari Sub: Regarding Grade Pay of 8700/- to the teachers those who were appointed in the Upper Primary Schools in intermediate scale of pay and holding intermediate post in different amalgamated Provincialised Secondary Schools.. Ref: i)Director of Secondary Education, Assam letter no. E-379353/615 dated: 13th March, 2025 ii)The Govt. letter no. E.250739/88 dated 29.09.2024 Sir/ Madam With reference to the subject cited above, I have the honour to forward herewith a letter received from the Director of Secondary Education, Assam along with Govt. instructions in connection with Gauhati High Court Writ Appeal No. 155/2022 (Binodini Sinha & Others-Vs- The State of Assam & Others) to stop Grade Pay of Rs. 8700/-, who were appointed in Lower Primary or Upper Primary Schools in intermediate scale of pay and holding intermediate post in different amalgamated Provincialised Secondary Schools and subsequently allowed to draw the enhanced Grade Pay of 8700/- issued by the Inspector of Schools under his/ her jurisdiction. Those trained Graduate Teachers of erstwhile ME/ MV/ Senior Basic Schools, who were allowed revised Grade Pay of Rs. 8700/- irrespective of Arts, Science and Commerce Graduate as per Finance Notification vide No. FPC.04/2018/136, dated 04.08.2018 prior to amalgamation with Secondary School, shall not be taken into consideration for stoppage of enhanced Grade pay of Rs.8700/-. All other order issued by this office for enhancing Grade Pay to Rs. 8700/- who were appointed in the Lowe Primary/ as well as Upper Primary Schools in intermediate scale of pay and holding intermediate post in different amalgamated Provincialised Secondary Schools is hereby treated as cancel with immediate effect. This is for favour of your kind information and necessary action. Yours' Faithfully Inspector of Schools Page No.# 4/5 NDC, Nalbari” 4. Mr. S. M. T. Chistie, learned standing counsel, Secondary Education Department as well as Elementary Education department has furnished a Communication dated 15.05.2025 written by the Inspector of Schools, NDC, Nalbari and addressed to the Head of Institution (All) under Inspector of Schools, NDC, Nalbari and the said Communication is also reproduced herein below: “GOVT. OF ASSAM OFFICE OF THE INSPECTOR OF SCHOOLS:: NALBARI DISTRICT CIRCLE::NALBARI College Road, Nalbari: email id- is.nalbari123@gmail.com No: IS/NDC/Misc/Nal/1/2022/ Date: 15.05.2025 From- Jayanta Thakuria, AES-I Inspector of Schools NDC, Nalbari To, TheHead of the Institution (All) Under Inspector of Schools, NDC, Nalbari Sub: Regarding Grade Pay of 8700/- to the teachers those who were appointed in the Upper Primary Schools in intermediate scale of pay and holding intermediate post in different amalgamated Provincialised Secondary Schools.. Ref: i)Director of Secondary Education, Assam letter no. E-379353/615 dated: 13th March, 2025 ii)The Govt. letter no. E.250739/88 dated 29.09.2024 iii)This office letter no. IS/NDC/Misc/Nal/1/2022/2250 dated: 18.03.2025 Sir/ Madam With reference to the subject cited above, I have the honour to inform you that the order regarding stopping of Grade Pay of 8700/- to the teachers those who were appointed in the Upper Primary Schools in intermediate scale of pay and holding intermediate post in different amalgamated Provincialised Secondary Schools issued vide this office letter no. IS/NDC/Misc/Nal/1/2022/2250 dated: 18.03.2025 is hereby kept in abeyance until further order. Page No.# 5/5 Yours' Faithfully Inspector or Schools NDC, Nalbari” The learned standing counsel, Secondary Education Department as well as Elementary Education Department therefore submits that as the impugned Communication dated 18.03.2025 has been kept in abeyance, the Inspector of Schools, NDC, Nalbari will now proceed in terms of the Finance Department’s Notification dated 27th of January, 2022. 5. Mr. S. K. Goswami, learned counsel for the petitioner submits that in view of the Communication dated 18.03.2025, the petitioners have received reduced salary for the month of April, 2025 and therefore the respondents may be directed to pay the arrear salary for the month of April, 2025 in the grade pay that they were receiving. 6. Recording the submission made by the learned standing counsel, Secondary Education Department as well as Elementary Education Department, this writ petition is accordingly closed. However, direction is issued to the Inspector of Schools, NDC, Nalbari/respondent No.5 to take steps forthwith to pay the arrear salary of the petitioners for the month of April, 2025 in the grade pay that they were receiving. The Communication dated 15.05.2025 is placed on record. JUDGE Comparing Assistant