Page No.# 1/6 GAHC010189272023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4932/2023 GOLOK CHANDRA BORA S/O- LATE JONARAM BORA, R/O- FLAT NO. 102, VIJAYA HEIGHT, BYE LANE- 10, GANESH MANDIR ROAD, NOONMATI, GUWAHATI, ASSAM- 781020 VERSUS THE BOARD OF SECONDARY EDUCATION AND 3 ORS ASSAM, A STATUTORY BOARD ESTABLISHED UNDER THE ASSAM SECONDARY EDUCATION ACT, 1961, REPRESENTED BY ITS CHAIRMAN HAVING ITS REGISTERED OFFICE AT BAMUNIMAIDAN, GUWAHATI- 781021 2:THE CHAIRMAN BOARD OF SECONDARY EDUCATION ASSAM BAMUNIMAIDAN GUWAHATI- 781021 3:THE SECRETARY BOARD OF SECONDARY EDUCATION ASSAM BAMUNIMAIDAN GUWAHATI- 78102 Advocate for the Petitioner : MR. D BARUAH, MR. P G BHAGAWATI,MR. P K BORDOLOI Advocate for the Respondent : SC, SEBA, Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 30.01.2025 Heard Mr. D. Baruah, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Standing Counsel, SEBA for the respondent. 2. The petitioner before this Court at the relevant point in time was employed as Academic Officer under the Board of Secondary Education, Assam established under the Assam Secondary Education Act, 1961. The petitioner is aggrieved by non-release of his promotional benefits which he claims being entitled to in terms of the Board’s Resolution dated 07.12.2022 and the consequential order dated 28.04.2023 that direct recruited Officer who have completed 12 years of continuous service in the Board would be entitled for promotional benefits if he or she has not received any promotion or financial increment during his or her tenure. 3. Referring to this order, issued by the Board of Secondary Education, the petitioner claims that he being employed under the Board in a post through direct recruitment and having completed 12 years of service, his claim for grant of promotional benefit was not considered inspite of representations being preferred and consequently he has approached this Court for appropriate writ direction or order directing the respondents to grant his claim for promotional Page No.# 3/6 benefit. It is submitted that w.e.f 31.08.2023 the petitioner superannuated from his services and therefore even if the claim of the petitioner at the stage is granted then there will be substantial increase in its pensionary benefits. 4. The respondents Board have contested the claims of the writ petitioner by filing their affidavit in opposition. 5. According to the petitioner, he did not continue in his service in a single post for 12 years and therefore, his claim towards promotional benefits was not entertained. 6. From the pleadings available on record and taking into consideration the submissions made before this Court by the counsel for the parties, the essential facts necessary to decide the issue at hand are required to be stated. 7. The petitioner was appointed as an Assistant Academic Officer on 01.04.1998. Pursuant to an advertisement issued by the Board for the post of Controller of Examination, the petitioner applied for and was appointed as a Controller of Examination as a direct recruit candidate. This post came to be re- designated and the petitioner was posted as Academic Officer (Curriculum Reforms) w.e.f 01.08.2009. Subsequently, on 04.07.2011, the petitioner was permanently absorbed as an Academic Officer. Thereafter, a departmental proceeding was initiated against the petitioner for making certain allegations Page No.# 4/6 and pending drawl of the departmental proceedings, the petitioner was suspended w.e.f 20.05.2016. Subsequently, by Office Order dated 14.02.2017, the petitioner was reinstated. Thereafter, on the conclusion of the departmental proceedings, the respondent authorities imposed a penalty of reduction in rank. He was degraded to the post of Assistant Academic Officer in view of the penalty imposed. This came to be challenged before this Court and a Co- ordinate Bench by order dated 20.06.2022 passed in W.P.(C) No. 1379/2017 set aside the penalty imposed and directed that the petitioner be granted all benefits in terms of his position as on the date of imposition of penalty. The Co- ordinate Bench came to the conclusion that the petitioner was degraded to the post of Assistant Academic Officer while his suspension was revoked by order dated 14.02.2017 and since there was no proper departmental proceedings initiated, the penalty imposed was interfered with and set aside. The order passed earlier by the Co-ordinate Bench was not referred to by the petitioner in his pleadings. However, the same was brought to the notice of the Court at the time of the submissions made. 8. From the submissions made, it is seen that the petitioner was appointed as Controller of Examination (re-designated as Academic Officer) w.e.f 01.08.2009 and permanently absorbed on 04.07.2011. The penalty of being degraded by the respondents Board while revoking his suspension was interfered with by a Page No.# 5/6 Co-ordinate Bench of this Court as discussed above. Consequently, the petitioner will have to be deemed to be in the post of Assistant Academic Officer from the date of his initial appointment which is 01.04.1998. Even if the petitioner is considered to be in the post of Academic Officer w.e.f the date he was permanently absorbed which is 04.07.2011, in view of the order passed by the Co-ordinate Bench vide Judgment and Order dated 20.06.2022 passed in W.P.(C) No. 1379/2017, the petitioner will have to be considered to have rendered his services as Academic Officer till his date of superannuation which is 31.08.2023. As such, from the date the petitioner was absorbed as an Academic Officer which is 01.08.2009 till the date the petitioner superannuated on 31.08.2023, he has served for 14 years and 1 month. 9. There is no dispute that the petitioner has been directly recruited as Controller of Examination which post to be re-designated as Academic Officer. There is also no dispute that the petitioner was permanently absorbed as Academic Officer on 04.07.2011. It is also not disputed that atleast from the date he was permanently absorbed as Academic Officer till his superannuation, the petitioner was not granted any promotion or given any financial increment during this tenure. 10. In that view of the matter, this Court is of the considered opinion that the Page No.# 6/6 petitioner is found to be entitled to the financial benefits which has been reserved for direct recruited officer who have completed 12 years of continuous service in the Board and has not received any promotion or financial increment. 11. The writ petition therefore is allowed directing the respondent authorities to grant the applicable promotional benefit in terms of the order dated 28.04.2023 passed by the Secretary, Board of Secondary Education to the petitioner. The petitioner having superannuated on 31.08.2023, his promotional and other financial dues will be calculated and released as expeditiously as possible within the outer limit of 60 days from the date of receipt of a certified copy of this order. 12. The writ petition accordingly stands allowed in terms of the above. No order as to costs. 13. Service Book submitted before the Court is returned to the Standing Counsel, SEBA. JUDGE Comparing Assistant