Page No.# 1/6 GAHC010145542021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4175/2020 PINTU LAL DEY AND 2 ORS. S/O LATE HRISHIPADA DEY HEAD MASTER ROY SAHEB NABAKUMAR ME SCHOOL SILDUBI UNDER BEEO SONAI DIST. CACHAR ASSAM PIN788119 2: DIBYENDU DEY S/O LATE NIRMALENDU DEY HEADMASTER PRAYOGIK HINDI MADHYAMIK VIDYALAYA SHILLONGPATTY SILCHAR UNDER DI OF SCHOOLS SILCHAR MALUGRAM SILCHAR DIST. CACHAR ASSAM PIN-788002 3: SUPRIYA KUMAR ROY S/O LATE PRASHANTA KUMAR ROY HEADMASTER BURIKHALERPAR MV SCHOOL SRIKONA UNDER SLACHAPRA EDUCATIONAL BLOCK R/O NARSINGH ROAD TARAPUR SILCHAR DIST. CACHAR Page No.# 2/6 ASSAM PIN-788003 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ELEMENTARY EDUCATION DISPUR GUWAHATI ASSAM PIN 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE (PRU) BRANCH DISPUR GUWAHATI ASSAM PIN-781006 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR ASSAM PIN-788003 ------------ Advocate for : MR. A K DUTTA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.08.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioners; Mr. P.N. Page No.# 3/6 Sarma, learned standing counsel for the Elementary Education Department; and Mr. A. Chaliha, learned standing counsel for the Finance Department. 2. In this petition, under Article 226 of the Constitution of India, the petitioners have challenged the order dated 10.05.2019 (Annexure – 11A), issued by the respondent No. 1 and also prayed for issuing direction to the respondent authorities to enhance existing Pay Band and Grade Pay attached to the posts of Headmaster/Headmistress of upper primary school, as per the recommendation dated 31.12.2017, given by the Pay Anomaly Committee, constituted by the Government, subsequent to enactment of ROP – 2017, on the basis of recommendation of the 7th Pay and Productivity Pay Commission, 2015 and also prayed for granting the benefit of promotional increment and financial up-gradation to the petitioners in the light of the mandates of the FR 22 and MACP Scheme, 2017. 3. Mr. 3. Mr. Purkayastha, learned counsel for the petitioners, submits that the petitioners are serving as Headmasters in different upper primary schools and they are placed in the same scale of pay with the post of Science Teacher of their respective schools, which is lower in rank. 3.1. Mr. Purkayastha further submits that as per existing provisions of ROP – 2010 & 2017, the posts of Headmasters and Graduate Assistant Teachers (Science/Arts) of an upper primary school are placed at same Pay Band and Grade Pay (i.e. Rs. 5200/- to Rs. 20,200/- plus GP Rs. 3300/-, under ROP 2010) and (Rs. 14000/- to Rs. 49000/- plus GP Rs. 8700/-, under ROP 2017), though the post of Science Graduate Assistant Teacher is a feeder post and the post of Headmaster is a promotional post. 3.2. Further submission of Mr. Purkayastha is that in the 6th Assam Pay Page No.# 4/6 Commission, 2008 as well as in the recommendation of the Pay Anomaly Committee, constituted subsequently, have clearly laid down that there are some departments where the feeder posts and the promotional posts bear same scale of pay and as such, the commission recommended for removal of such discrepancies. 3.3. It is further submitted by Mr. Purkayastha that during the period of ROP – 2010, no action was taken by the Government for removal of such discrepancies. Then, a group of Headmasters approached the 7th Pay Anomaly Committee with a prayer for enhancing the Grade Pay and Pay Band of the post of Headmaster of upper primary school. Accordingly, the committee, at Serial No. 106 of its recommendation, of Chapter No. III of the report, dated 31.12.2017, had recommended the Government to remove the discrepancies of the pay structure. But, the Government, while accepting the other recommendations of the committee, has not acted upon the recommendations made by the Pay Anomaly Committee with regard to grievance of the present petitioners. 3.4. It is also submitted by Mr. Purkayastha that the petitioners being the Headmasters of different upper primary schools, they are placed in the same scale of pay with the post of Science Teacher, which is lower in rank and therefore, the petitioners have submitted one representation on 08.01.2019 (Annexure – 11), before the respondent authorities. But, the same failed to evoke any response. Thereafter, a group of similarly situated teachers approached this Court, by filing a writ petition, being W.P.(C) No. 2735/2016 and vide order dated 11.05.2016, this Court was pleased to direct the State respondents to dispose of their representation. Thereafter, vide impugned order dated 10.05.2019 (Annexure – 11A), the respondent No. 1 had rejected the Page No.# 5/6 claim of the petitioner without taking into consideration the provisions of Rules/Law etc., by holding that special allowance granted to the Headmaster of upper primary school is the promotional benefit, thereby the respondent No. 1 has violated the provisions of FR 22 and MACP Scheme, 2017. On such count, Mr. Purkayastha has contended to set aside the impugned order dated 10.05.2019 (Annexure – 11A) and to direct the respondent authorities to grant financial benefit/promotional benefit, as per provisions of law. 4. Per-contra, Mr. Chaliha, learned standing counsel for the Finance Department has produced a written instruction, dated 25.08.2025, issued by the Deputy Secretary to the Government of Assam, Finance (PRU) Department and referring to Clause No. 7 of the said instruction, Mr. Chaliha submits that the authority has decided to grant 3% promotional increment to the teachers who were promoted to the post of Headmaster from Graduate Teacher with equal Pay Band and Grade Pay as per ROP Rules. Mr. Chaliha further submits that since the Government has decided to grant 3% promotional increment to the petitioners, this writ petition may be closed. 5. In reply to the submission of the learned standing counsel for the Finance Department, Mr. Purkayastha, learned counsel for the petitioners, submits that in view of the decision taken by the Government to grant 3% promotional increment to the petitioners, this writ petition may be closed by setting aside the impugned order, dated 10.05.2019 (Annexure – 11A) and also by directing the respondent authorities to implement the aforesaid decision in a time bound manner. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the impugned order dated 10.05.2019 (Annexure – Page No.# 6/6 11A) and also gone through the letter dated 25.08.2025, issued by the Deputy Secretary to the Government of Assam, Finance (PRU) Department, addressed to the standing counsel for the Finance Department. 7. Clause No. 7 of the letter dated 25.08.2025, read as under:- “7. In view of the above observations, it may be stated that 3% promotional increment is admissible to the teachers who were promoted to the post of Headmaster from Graduate Teacher with equal Pay Band and Grade Pay as per ROP Rules.” 8. Since the Government has taken a decision to grant 3% promotional increment to the petitioners, this Court is of the view that nothing is left to be decided in this petition. Accordingly, by setting aside the impugned order, dated 10.05.2019 (Annexure – 11A), this writ petition stands closed. 9. The respondent authorities are directed to implement the decisions, as mentioned at Clause No. 7 of the letter dated 25.08.2025, within a period of 3 (three) months from the date of receipt of the certified copy of this order. 10. The petitioners shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from today. JUDGE Comparing Assistant