Page No.# 1/3 GAHC010207972024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5287/2024 HANGSHANATH BORA SON OF LATE DEOBAR BORA, RESIDENT OF VILLAGE NO. 1 KALAIGAON, P.O. TENGABARI, P.S. KALAIGAON, DISTRICT- UDALGURI (BTR), ASSAM, PIN- 784525 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 DISTRICT- KAMRUP (M) ASSAM 3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR (BTAD) ASSAM, PIN- 783370 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG, MANGALDAI DISTRICT- DARRANG ASSAM, PIN- 784125 5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR, GUWAHATI-0 Advocate for the Petitioner : MR. D C C PHUKAN, Advocate for the Respondent : SC, ELEM. EDU, SC, BTC,GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13.06.2025 Heard Shri D.C.C. Phukan, learned counsel for the petitioners. Also heard Shri B. Talukdar, learned Standing Counsel, Elementary Education Department as well as Ms. D. Das Barman, learned State Counsel. As per the projected facts, the petitioner was appointed as a Head Pandit od Rehabari Lower Primary School in Darrang District in 1960. The said school was subsequently converted into Kolaigaon Adarsha Girls MV school in 1962, whereupon the petitioner became an Assistant Teacher. The services of the petitioner were provincialised on 05.09.1974. In due course, the petitioner was promoted to the post of Head Master and was posted at Chaibari M.V. School in 1993. He was granted an upgraded pay scale of Rs. 1255 – Rs. 2635/- under the Old Scale of Pay. However, the petitioner contents that he was erroneously allowed to draw an initial pay of Rs. 2275- under the Old Scale of Pay. He retired from service in 1999. The petitioner made representations for refixation of his pay and the recalculation of his pension accordingly to the Director of Elementary Education. He also sought the consequential benefit of arrears salary from 20.04.1993. It is submitted that the petitioners had earlier filed WP(C)/675/2012 and WP(C)/4145/2015, both of which were disposed of with directions to the respondent authorities to consider and dispose of the representations. However, no effective decision has been taken till date and the petitioner has attained the age of 84 years. Page No.# 3/3 Shri Phukan, the learned counsel for the petitioner submits that the delay appears to have been occasioned on the account of non-availability of the original Service Book. He, however, contends that the photocopies of the Service Book were furnished to the respondent. Shri Talukdar, the learned Standing Counsel of the Department as well as Ms. D. Das Barman, the learned State Counsel, have submitted that considering the passage of time and the age of the petitioner, appropriate direction may be issued for the disposal of the pending representations with a speaking order. The rival submissions have been duly considered. The Court has noticed that the earlier two writ petitions were disposed of in which the respondent authorities were directed to consider the representation dated 04.06.2011. There is no provision for filing repeated writ petitions for the same direction. At the same time, the Court takes note of the fact that the grievances expressed by the petitioner cannot be totally overlooked. Accordingly, in view of the above, the petitioner is directed to file a fresh representation within 15 (fifteen) days from today, enclosing all relevant documents including a photocopy of the Service Book and copies of the previous and present order passed by this Court. Upon receipt of such representations, the Department of Elementary Education, Assam, shall dispose of the within a period of 2 (two) months from the date of receipt of such representations. The petitioner or his representative may also be given a personal hearing while consideration of the said representations. Writ Petition accordingly stands disposed of. JUDGE Comparing Assistant