Page No.# 1/8 GAHC010104482025 2025:GAU-AS:6533 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2676/2025 PANKAJ KR GOSWAMI S/O- LT. DINESH CH GOSWAMI, VILL- RAJAGAON. 2: ABUL KASHEM SON OF- ASHRAF ALI VILL- KUNARIBORI DIST.- MORIGAON ASSAM. 3: MUZAMMIL HUSSAIN SON OF- SUBED ALI VILL- GOROIMARI DIST.- MORIGAON ASSAM. 4: DHARMESWAR SAIKIA SON OF- LATE KALA SAIKIA VILL- ROWMARI DIST.- MORIGAON ASSAM. 5: GULAM MD JAFAR SEDEQUE SON OF- RUSTOM ALI VILL- NO.2 GAGALMARI DIST.- MORIGAON Page No.# 2/8 ASSAM. 6: RAJANI KANTA BEY SON OF- LATE KUSHA BEY VILL- PANBARI DIST.- KAMRUP (M) ASSAM. 7: BINU KUMARI DEKA CARE OF- TIKENDRA NATH DEKA VILL- MANAHA DIST.- MORIGAON ASSAM. 8: DIGANTA MAHANTA SON OF- LATE JOYDEV MAHANTA VILL- BARANGABARI DIST.- MORIGAON ASSAM. 9: ABDUL KHALEQUE SON OF- LATE JAHUR ALI VILL- MIKIRGAON DIST.- MORIGAON ASSAM. 10: BASANTA DAS SON OF- DIMBESWAR DAS VILL- BAGHARA DIST.- MORIGAON ASSAM. 11: SHIRAJUL HOQUE SON OF- BORKAT ALI VILL- KURANIBORI DIST.- MORIGAON ASSAM. Page No.# 3/8 12: ABDUL HASSIM SON OF- HUSSAIN ALI VILL- GARAIMARI DIST- MORIGAON ASSAM. 13: KARNA BAHADUR MAGAR SON OF- NAR BAHADUR MAGAR VILL- HATIGAR DIST- MORIGAON ASSAM. 14: DIPALI SAIKIA CARE OF- KUMAR SING SAIKIA VILL- AMLAPATTI WARD NO-4 DIST- MORIGAON ASSAM. 15: NIGAR SULTANA JESMINARA CARE OF- HASANUZ ZAMAN SHAH VILL- HARAPATHAR WARD NO-7 DIST- MORIGAON ASSAM. 16: DIPJYOTI SHARMA SON OF- RAJEN SHARMA VILL- PACHATIA WARD NO-2 DIST- MORIGAON ASSAM. 17: ROJINA AFRUJA CHOUDHURY CARE OF- AHIYA SHARIF VILL- MOIRABARI Page No.# 4/8 DIST- MORIGAON ASSAM. 18: BUDHESWAR GAYARI CARE OF- LATE SHYAMTALA GAYARI VILL- DUNGABORI DIST- MORIGAON ASSAM. 19: MINATI BORA CARE OF- KUSHA BORA VILL- ROUMARI DIST- MORIGAON ASSAM. 20: BHABAJYOTI NATH SON OF- LATE DAYARAM NATH VILL- NATUAGAON DIST- MORIGAON ASSAM. 21: HEMANTA KR NATH SON OF- LATE HARIDHAN NATH VILL- JHANASARUA DIST- MORIGAON ASSAM. 22: RAKHI MONI @ REKHAMONI DEKA DAUGHTER OF- LATE NILAKANTA DEKA VILL- AUGURI DIST- MORIGAON ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION (SECONDARY DEPARTMENT), DISPUR, Page No.# 5/8 GUWAHATI-6 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS MORIGAON DISTRICT CIRCLE DISTRICT- MORIGAON ASSAM Advocate for the Petitioner : MR A R BHUYAN, S LASKAR,MR M KHAN,MR N A MAZARBHUIYA,MR N Z CHOUDHURY,MR S ABDULLAH Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 23.05.2025 Heard Mr. A. R. Bhuyan, learned counsel for the petitioners. Also heard Mr. S. M. T. Chistie, learned standing counsel, Secondary Education Department for all the respondents. 2. It is the case of the petitioners that prior to their appointment as Assistant Teacher in different Upper Primary Schools in the District of Morigaon, they had obtained their graduate degree. Thereafter, on being appointed as Assistant Teacher in the different Upper Primary Schools in the District of Morigaon, 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 01.04.2025, Page No.# 6/8 issued by the Inspector of Schools, MDC, Morigaon, Assam and addressed to all the Drawing and Disbursing Officers of Secondary Schools, Morigaon, Assam and the said Communication reads as under: “GOVT. OF ASSAM OFFICE OF THE INSPECTOR OF SCHOOLS:: NALBARI DISTRICT CIRCLE MORIGAON :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: ASSAM No: MDC/MISC/03/2023/116/ Date: 01.04.2025 From- Apurba Thakuria, AES Inspector of Schools Cum DMC MDC, Morigaon, Assam To, The Drawing and Disbursing Officer (All) of Secondary Schools, Morigaon, Assam Ref: E-379353/615 Dated: 13/03/2025 Sub: Regarding allowing 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.. Madam With reference to the subject cited above, I have the honour to forward herewith a Govt. letter from Director of Secondary Education, 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, which is self-explanatory. You are therefore directed to act according to the letter under reference (Enclosed) and submit an action taken report to this office. This is for favour of your kind information and necessary action. Encl: As stated above. Yours' Faithfully Inspector of Schools MDC, Morigaon, Assam” Page No.# 7/8 4. Mr. S. M. T. Chistie, learned standing counsel, Secondary Education Department has furnished a Communication dated 22.05.2025, written by the Inspector of Schools, MDC, Morigaon, Assam and addressed to all the Drawing and Disbursing Officers of Secondary Schools, Morigaon, Assam and the said Communication is also reproduced herein below: “GOVT. OF ASSAM OFFICE OF THE INSPECTOR OF SCHOOLS:: MORIGAON DISTRICT CIRCLE MDC MORIGAON :: :: :: :: :: :: :: :: :: :: :: :: :: :: ASSAM No: MDC/MISC/03/2023/132 ______________DateD: 22.05.2025 From- Sri Apurba Thakuria, AES Inspector of Schools MDC, Morigaon, Assam To, The Drawing and Disbursing Officer (All) of Secondary Schools, Morigaon, Assam Sub: Keeping the communication in abeyance regarding Grade Pay to teachers those who were appointed in the Upper Primary Schools in intermediate scale of pay and holding intermediated post in different amalgamated Secondary Schools in connection with WP(C)/2676/2025 of Pankaj Goswami VS State of Assam. Ref: MDC/MISC/03/2023/116/983 Dated:01/04/2025 Sir/ Madam, With reference to the subject cited above and as directed, I have the honour to inform you that this office communication regarding grade pay to those teachers who were appointed in the Upper Primary Schools in intermediate scale of pay and holding intermediate post in different amalgamated Secondary Schools issued vide letter under reference is hereby kept in abeyance until further order in connection with WP(C)/2676/2025 of Pankaj Goswami VS State of Assam. This is for favour of kind information and necessary action. Yours' faithfully Inspector or Schools, Page No.# 8/8 MDC, Morigaon, Assam” The learned standing counsel, Secondary Education Department therefore submits that as the impugned Communication dated 01.04.2025 has been kept in abeyance, the Inspector of Schools, MDC, Morigaon will now proceed in terms of the Finance Department’s Notification dated 27th of January, 2022. 5. Mr. A. R. Bhuyan, learned counsel for the petitioner submits that in view of the Communication dated 01.04.2025, 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. Considering the submission made by the learned counsel for the petitioners, the petitioners are directed to file an application along with a certified true copy of this Court’s order and also by annexing a copy of the writ petition with all the annexures appended thereto before the Inspector of Schools, MDC, Morigaon within a period of 2(two) weeks, for release of their arrear salary, if the same has been deducted. Thereafter, if the salaries of the petitioners have been deducted for the month of April, 2025, the Inspector of Schools shall take appropriate steps to pay the arrear salary of the petitioners for the month of April, 2025 in the grade pay that they were receiving. The writ petition is accordingly disposed of. The Communication dated 22.05.2025 is placed on record. JUDGE Comparing Assistant