Page No.# 1/9 GAHC010145542021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4917/2021 ASHOK DUTTA AND 14 ORS. S/O- AMODERANJAN DUTTA, HEADMASTER (SCIENCE GRADUATE), NN TC MV SCHOOL, KARIMGANJ, DOJ- 04.12.2019, R/O- LAXMIBAZAR ROAD, P.O. AND DIST.- KARIMGANJ, ASSAM, PIN- 788710 2: MANDIRA CHOUDHURY S/O- LT. REBATI ROMAN BHATTACHARJEE HEADMASTER (SCIENCE GRADUATE) SUTARKANDI M.E.SCHOOL DOJ- 25.11.2019 R/O- NILMONI ROAD WARD NO. 09 P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788710 3: DEBOJYOTI DEY S/O- LT. JITENDRA LAL DEY HEADMASTER (SCIENCE GRADUATE) DASGRAM M.E.SCHOOL DOJ- 22.11.2019 R/O- MAIN ROAD OPP. S.B.I. KARIMGANJ ASSAM PIN- 788710 4: JAYANTA CHOUDHURY S/O- LT. JASHODHIR CHOUDHURY HEADMASTER (SCIENCE GRADUATE) KANISHAIL M.E.SCHOOL UNDER URBAN BLOCK DOJ- 21.11.2019 R/O- NILMONI ROAD WARD NO. 09 P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788710 Page No.# 2/9 5: PRABAL KANTI BHATTACHARJEE S/O- LT. GURUDAYAL BHATTACHARJEE HEADMASTER (SCIENCE GRADUATE) SISHUKALYAN M.E.SCHOOL DOJ- 01.03.2018 R/O- SATYAJITSARANI SUBASH NAGAR P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788710 6: RAJIB DEY S/O- LT. PARESH CH DEY HEADMASTER (SCIENCE GRADUATE) SRI SRIRADHA RAMEN GOSWAMI GIRLS M.E.SCHOOL DOJ- 26.11.2019 R/O- SHYAMPRASAD ROAD P.O. SILCHAR RD DIST.- KARIMGANJ ASSAM PIN- 788713 7: DIPAK DAS S/O- DWIJENDRA CH DAS HEADMASTER (SCIENCE GRADUATE) BERATUK MIDDLE SCHOOL DOJ- 15.02.2018 R/O- VILL- BERUTAK P.O. ANIPUR DIST.- KARIMGANJ ASSAM PIN- 788734 8: UTTAM BHATTACHARJEE S/O- LT. KAMENDRA KUMAR BHATTACHARJEE HEADMASTER (SCIENCE GRADUATE) PUBLIC M.E.SCHOOL DERGARBAND DOJ- 27.11.2019 R/O- BIPINPAND ROAD P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788720 9: MADHABI DAS S/O- NARENDRA CH DAS HEADMASTER (SCIENCE GRADUATE) ZARA BAZAR M.E.SCHOOL DOJ- 09.03.2018 Page No.# 3/9 R/O- LAXMI BAZAR ROAD BYELANE HNO- 201D WORD NO-8 P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788710 10: GAUTAM KUMAR CHAKRABORTY S/O- GOJENDRA KR CHAKRABORTY HEADMASTER (SCIENCE GRADUATE) SERULBHAGMARERA M.E.SCHOOL DOJ- 19.02.2018 R/O- LAXMICHARAN ROAD MAMATA KUTIR WORD NO-6 DIST.- KARIMGANJ ASSAM PIN- 788710 11: NANI GOPAL BHATTACHARJEE S/O- LT. NABANI KUMAR BHATTACHARJEE HEADMASTER (SCIENCE GRADUATE) RAMESWARLAL M.E.SCHOOL DOJ- 19.02.2018 R/O- RAMKRISHNA MISSION ROAD WORD NO. 12 P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788710 12: KAMALENDU MOHANTA S/O- LT. BINOD BEHARI MOHANTA HEADMASTER (SCIENCE GRADUATE) NAVSHIP M.E.SCHOOL DOJ- 19.02.2018 R/O- LAXMIBAZAR ROAD P.O. TILLABAZAR DIST.- KARIMGANJ ASSAM PIN- 788709 13: SANTANU KAR S/O- LT. PHANINDRA NARAYAN KAR HEADMASTER (SCIENCE GRADUATE) GARDARASHI M.E.SCHOOL KARIMGANJ DOJ- 16.02.2018 R/O- LANE NO. 2 SECOND LINK ROAD SILCHAR-6 DIST.- CACHAR ASSAM Page No.# 4/9 PIN- 788006 14: PRADIP KUMAR PAUL S/O- LT. JATINDRA CH PAUL HEADMASTER (SCIENCE GRADUATE) KARNAMADHU M.E.SCHOOL DOJ- 01.02.2018 R/O- TILAK CHAND ROAD P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788710 15: PARTHA CHAKRABORTY S/O- LT. PRAMODE RANJAN CHAKRABORTY HEADMASTER (SCIENCE GRADUATE) KANISHAIL M.E.SCHOOL DOJ- 22.11.2019 R/O- M.M.C ROAD WORD NO. 7 P.O. AND DIST.- KARIMGANJ ASSAM PIN- 78871 VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, DEPTT. OF ELEMENTARY EDUCATION, DISPUR, GHY, ASSAM, PIN- 781006 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF FINANCE (PRU) BRANCH DISPUR GHY ASSAM PIN- 781006 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY ASSAM PIN- 781019 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ ASSA Page No.# 5/9 Advocate for the Petitioner : MR. A K DUTTA, MR. B PURKAYASTHA Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.08.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioners; Mr. P.N. 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 – Page No.# 6/9 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 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 Page No.# 7/9 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 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 Page No.# 8/9 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 – 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 Page No.# 9/9 today. JUDGE Comparing Assistant