Page No.# 1/5 GAHC010094832023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2469/2023 KANAK CH SARMA S/O- LATE NABIN SARMA, R/O- VILLAGE- ARANGAMOW, P.O.- ARANGAMOW, P.S.- KAMAR KUCHI OUT POST, DISTRICT- NALBARI, ASSAM. RETIRED HEAD MASTER, KAMARKUCHI HIGH SCHOOL, PIN- 781347. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT (SECONDARY), DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE DISTRICT- NALBARI ASSAM Advocate for the Petitioner : DR. P K GOSWAMI, MR A BARMAN Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 19.03.2025. Heard Dr. P.K. Goswami, learned counsel for the petitioner. Also heard Ms. H. Terangpi, learned standing counsel for the Secondary Education Department, Assam for all the respondents. 2. Challenge made in this writ petition is to the Letter No.GB- EST/DSE/CC/48/2016/229, dated 09.11.2022, issued by the Director of Secondary Education Department, Assam, whereby the claim of the petitioner for payment of salary as a Headmaster w.e.f. 17.03.2012 has been rejected. 3. The short facts in the present case is that the petitioner was promoted to the post of Headmaster vide order dated 15.03.2012, pursuant to the order of this Court dated 10.02.2012,in WP(C) No.2244/2010, which was to be effected from the date of taking over the charge as regular Headmaster. 4. Upon promotion to the post of Headmaster, the petitioner submitted his joining report on 17.03.2012, before the Inspector of Schools, NDC, Nalbari. However, the petitioner could not take over charge and served as Headmaster due to administrative reasons. Finally, the petitioner had joined on 28.05.2014. 5. Dr. P.K. Goswami, learned counsel for the petitioner submits that non- acceptance of the joining report and not taking over the charge as Headmaster, despite his submission of joining report on 17.03.2012, is not due to the fault of Page No.# 3/5 the petitioner, rather it was due to the administrative reasons. He further submits that since the petitioner was promoted and accordingly, submitted his joining report, he ought to have been provided with the salary and other benefits, entitled to him as a Headmaster from the date of his joining on 17.03.2012. He submits that in the facts of the present case, the principle of ‘No Work No Pay’ shall not be applicable, as the petitioner admittedly has been promoted and has submitted his joining report, the fault being lied with the respondent authorities, the petitioner cannot be deprived of his entitlement. Therefore, he submits that the respondent authorities may be directed to provide the financial benefits including the salary of the Headmaster of Kamarkuchi High School of Nalbari District from the date of his joining i.e. 17.03.2012. 6. On the other hand, Ms. H. Terangpi, learned standing counsel for the Secondary Education Department, Assam submits that the petitioners has joined and took over the charge of the Headmaster of the said school only on 28.05.2014. She submits that the order of promotion dated 15.03.2012 clearly provides that the petitioner is promoted to the post of Headmaster of Kamarkuchi High School of Nalbari District, which will come into effect from the date of taking over the charge as regular Headmaster. Since the petitioner has not challenge the non-acceptance of the joining report and not allowing to take the charge, on whatever the reasons and has admitted and accepted his joining on 28.05.2014, the petitioner is not entitled to any pay/salary as Headmaster from the date on which he submitted his joining report i.e. on 17.03.2012. Therefore, the writ petition is liable to be dismissed. 7. I have considered the submissions of learned counsel for both sides and Page No.# 4/5 perused the materials placed on record. 8. It is seen that the petitioner was promoted vide order dated 15.03.2012, pursuant to the order of this Court as the Headmaster of Kamarkuchi High School of Nalbari District with the Pay Scale of Rs.8000/- to 35,000/- with Grade Pay of Rs.5,100/- per month and other allowances as admissible w.e.f. the date of taking over the charge as regular Headmaster. Although the petitioner has submitted his joining report after two days of the promotion order i.e. on 17.03.2012, nothing is on record to show that his joining was accepted and he had taken over charge as Headmaster till he finally joined on 28.05.2014. 9. It is fairly submitted by the learned counsel for the petitioner that the reason for not being able to take over the charge was due to administrative reason. However, the fault of not accepting his joining could be attributable to the petitioner. 10. Record reveals that for more than two years, the petitioner has not challenged the said action of the respondent for not allowing him to join and to take over the charge of Headmaster, for whatever the reasons might have been. Thus, I am of the view that in the present proceedings, such action of not allowing him to take over charge, cannot be adjudicated as the present proceeding has been instituted for modification of the impugned letter dated 09.11.2022, while accepting the date of joining as 28.05.2014. More so, when the petitioner has already accepted the benefits which has been provided to him with effect from 28.05.2014. 11. Having considered the matter in its entirety, I am of the view that the Page No.# 5/5 petitioner would not be entitled to the relief sought for, so far the modification of the impugned letter dated 09.11.2022 and consequential prayer for providing financial benefits as the Headmaster of Kamarkuchi High School of Nalbari District, from the date of his submission of joining report dated 17.03.2012, as admittedly the petitioner has joined as Headmaster only on 28.05.2014 and the terms of the promotion order clearly stipulates that the promotion will take effect from the date of taking over charge as a Headmaster. 12. In view of the above, I find no merit in the writ petition. Accordingly, the writ petition stands dismissed. JUDGE Comparing Assistant