Page No.# 1/9 GAHC010145542021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5381/2021 ABHIJIT PURKAYASTHA AND 19 ORS. S/O AMALENDU PURKAYASTHA HEADMASTER (SCIENCE GRADUATE) BAGBANI SR BARIC SCHOOL DOJ 20.11.2019. R/O LONGAI ROAD PO SETTLEMENT ROAD DIST KARIMGANJ ASSAM PIN 788712 2: MD. ABDUL QUAYYUM S/O LATE ABDUL BARI HEADMASTER (SCIENCE GRADUATE) SAMAJ KALYAN ME SCHOOL DOJ 15.02.2018 R/O GONDHARVAKHANI PO MULLAGANJ BAZAR DIST. KARIMGANJ ASSAM PIN 788712 3: SRI SUKANTA ROY S/O LAXMI KANTA ROY HEADMASTER (SCIENCE GRADUATE) FARAMPASHA ME SCHOOL DOJ 30.01.2018. R/O RED CROSS ROAD PO AND DIST KARIMGANJ ASSAM PIN 788710 4: SRI BINOY SHYAM CHOUDHURY HEADMASTER (SCIENCE GRADUATE) LAMABAHADURPUR ME SCHOOL Page No.# 2/9 DOJ R/OSETTLEMENT ROAD DIST. KARIMGANJ ASSAM PIN 788712 5: SRI ASHIM KUMAR PAUL S/O LATE BHUBENESWAR PAUL HEADMASTER (SCIENCE GRADUATE) JANATA ME SCHOOL DOJ 20.02.2018 R/O RAMANI ROAD 1 WARD NO.8 DIST. KARIMGANJ ASSAM PIN 788710 6: SRI SHIBENDRA PURKAYASTHA S/O LATE NIRMALENDU PURKAYASTHA HEADMASTER (SCIENCE GRADUATE) DHARMASHASAN M.E SCHOOL DOJ 19.02.2018. R/O SATSANG ASHRAM ROAD PO SETTLEMENT ROAD DIST. KARIMGANJ ASSAM PIN 788712 7: SRI SUSMIT BHUSAN S/O LATE CHITTA RANJAN BHUSAN HEADMASTER (SCIENCE GRADUATE) BHAGIRKHOLA M.E. SCHOOL DOJ 20.11.2019. R/O RAM KRISHNA MISSION ROAD PO AND DIST. KARIMGANJ ASSAM PIN 788710 8: SRI MONOJ KR ROY CHOUDHURY S/O MRIDUL KANTI ROY CHOUDHURY HEADMASTER (SCIENCE GRADUATE) JATKAPAN M.E SCHOOL DOJ 01.06.2018. R/O LAXMI CHARAN ROAD PO AND DIST. KARIMGANJ ASSAM PIN 788710 9: SRI SUJIT KUMAR NATH S/O LATE SAILENDRA KR NATH HEADMASTER (SCIENCE GRADUATE) Page No.# 3/9 VETARBOND MV SCHOOL DOJ 23.11.2019. R/O COLLAGE ROAD PO RAMKRISHNANAGAR DIST KARIMGANJ ASSAM PIN 788166 10: SRI BISWAJIT DAS S/O LATE RAMESH CH DAS HEADMASTER (SCIENCE GRADUATE) KARMABIR N.C. BORDOLOI M.E. SCHOOL DOJ 01.02.2018. R/O RAMKRISHNA NAGAR BALICHERRA PO RAMKRISHNA NAGAR DIST KARIMGANJ ASSAM PIN 788166 11: SRI SAMARJIT BISWAS S/O LATE GOPAL CH BISWAS HEADMASTER (SCIENCE GRADUATE) SINGLACHERRA PUBLIC M.E. SCHOOL DOJ 23.11.2019. R/O VIVEKANANDA PALLY PO RAMKRISHNA NAGAR DIST KARIMGANJ ASSAM PIN 788166 12: SRI NITYENDU KUMAR NATH S/O LATE NIRENDRA CH NATH HEADMASTER (SCIENCE GRADUATE) CHANTILLA MV SCHOOL. DOJ 06.12.2019 R/O SATSANGHA ROAD CHOUDHURY VILLA PO RAMKRISHNA NAGAR. DIST KARIMGANJ ASSAM PIN 788166 13: SRI SUJIT GHOSE S/O LATE BIJOY MADHAB GHOSE HEADMASTER (SCIENCE GRADUATE) SHIBBARI M.E. SCHOOL. DOJ 31.03.2018 R/O GANDHARAJBARI PO RATABARI DIST. KARIMGANJ ASSAM PIN 788735 14: MD HASMAT ALI S/O LATE RAKIB ALI HEADMASTER (SCIENCE GRADUATE) PATIALA M.E. SCHOOL Page No.# 4/9 DOJ 02.03.2020.R/O PATIALA PO PECHALA DIST KARIMGANJ ASSAM PIN 788734 15: MD ABDUL BASIT TAPADAR S/O ABDUL MUSABBIR TAPADAR HEADMASTER (SCIENCE GRADUATE) DEORAIL M.E MADRASSA DOJ 21.11.2019. R/O PO UMARPUR DIST KARIMGANJ ASSAM PIN 78806 16: MD IMAD UDDIN S/O LATE ABDUL BAKI HEADMASTER (SCIENCE GRADUATE) GIRLS M.E SCHOOL BADARPUR DOJ 20.02.2018. R/O GORKHAPON PO BADARPUR DIST. KARIMGANJ ASSAM PIN 788806 17: SRI BISWAJIT ROY S/O LATE NARENDRA NARAYAN ROY HEADMASTER (SCIENCE GRADUATE) NABAJAGRATA M.E SCHOOL BADARPUR DOJ 21.11.2019. R/O STATION ROAD PO BADARPUR DIST. KARIMGANJ ASSAM PIN 788806 18: SRI KISHOR KARMAKAR S/O LATE KIRON CH KARMAKAR HEADMASTER (SCIENCE GRADUATE) CHAPGRAT M.E SCHOOL DOJ 21.11.2019. R/O NEAR DURGA MANDAP SRINAGAR WORD NO 3 PO BADARPUR DIST. KARIMGANJ ASSAM PIN 788806 19: SRI GOURANGA PRASAD CHAKRABORTY S/O LATE GITANENDA CHAKRABORTY HEADMASTER (SCIENCE GRADUATE) Page No.# 5/9 BASHAIL M.E SCHOOL DOJ 12.03.2018. R/O TARA BHUSAN LANE PO AND DIST. KARIMGANJ ASSAM PIN 788710 20: MD. ABAD UDDIN TAPADAR S/O AKMAL ALI TAPADAR HEADMASTER (SCIENCE GRADUATE) SARAPUR M.E. SCHOOL DOJ 10.12.2019. R/O KAMALAPARA PO UMARPUR DIST. KARIMGANJ ASSAM PIN 788806 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTEDBY 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 KARIMGANJ ASSAM ------------ Advocate for : MR. A K DUTTA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 3 ORS. Page No.# 6/9 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. 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) Page No.# 7/9 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 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 Page No.# 8/9 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 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 Page No.# 9/9 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 today. JUDGE Comparing Assistant