Page No.# 1/5 GAHC010316192019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2802/2020 BIREN CHANDRA BORA S/O. LT. SADHIRAM BORA, R/O. FLAT NO.B1E, PARLAY RESIDENCY, HOUSING SOCIETY, BEHIND SANTIGRAM HOUSING COMPLEX, TRIPURA ROAD, JAYANAGAR, P.O. KHANAPARA, P.S. BELOTOLA, GUWAHATI- 781022, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPTT., DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 3:THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 4:THE DIRECTOR STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING GUWAHATI-781019 ASSAM. 5:THE ACCOUNTANT GENERAL Page No.# 2/5 ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029 ASSAM Advocate for the Petitioner : MR. M K CHOUDHURY, MR. A BARKATAKI,MR. M SARMA,MR P BHARDWAJ Advocate for the Respondent : SC, EDU, MR. A PHUKAN, SC, ELEMENTARY EDU. DEPTT. (R- 1,2,3),MR. S BORA, SC, SCERT (R-4),MS P BORA, SC, AG (R-5) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 04.04.2025 1. Heard Mr. M. Sharma, learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned counsel for the respondent nos.1, 2 & 3 and Mr. S. Bora, learned counsel for the respondent no.4. Mr. C. Baruah, learned counsel appears for the AG’s office, Assam. 2. The petitioner has prayed for a direction to be issued to the respondent authorities, to fix the Scale of Pay of the petitioner, who was appointed to the post of Lecturer, SIE, in the Pay Scale of Rs.2555-4600 per month w.e.f 11.02.1993, as is applicable to the post of Project Officer, Environmental Orientation to School Education (EOSE), which is a Scheme under the State Institute for Education (SIE). 3. The petitioner’s case is that the petitioner was initially appointed as Project Officer of EOSE on 15.12.1989 in the Scale of Pay of Rs.1200-2500. He joined Page No.# 3/5 the post of Project Officer, EOSE on 22.12.1989. Thereafter the petitioner joined a new assignment at State Institute for Education (SIE), Jorhat as Lecturer in the Scale of Pay of Rs.2275-60-2395-80-2875-EB-100-3575-125-4450 per month plus allowances. 4. That when the petitioner joined the post of Lecturer, SIE, the Pay Scale of the Project Officer, EOSE was 2555-80-2875-100-3275-EB-100-3575-125-4450- 150-4600/- per month. As the Pay Scale of Project Officer, EOSE was higher than the Pay Scale given to Lecturer, SIE, the State respondents took an initiative for fixing the Pay Scale of Lecturer, SIE similar to that of Project Officer, EOSE. However, the same did not see the light of day. 5. The petitioner’s counsel submits that due to the new posting in a different organization, the petitioner was being given a lower Pay Scale. However, vide Notification dated 30.01.2003 issued by the Government of Assam, State Institute of Education (SIE), Jorhat, State Institute of Science Education (SISE), Guwahati and Educational Technology Cell (E.T Cell) were amalgamated. 6. The petitioner’s counsel submits that the petitioner’s colleagues who remained as Project Officer under the EOSE are now enjoying a higher Pay Scale than the petitioner in the amalgamated organizations. Due to the petitioner having gone to a different organization prior to amalgamation of the three organizations, the petitioner’s Pay Scale as a Lecturer, SIE has become less than the Pay Scale of a Project Officer, EOSE. Page No.# 4/5 7. The petitioner’s counsel thus prays that the petitioner’s Pay Scale that had been enjoyed by him as Project Officer, EOSE should have been protected, at the time he joined as Lecturer, SIE in 11.02.1993. 8. Mr. P.K. Bora, learned counsel for the Elementary Education Department submits that the writ petition suffers from delay and laches. He also submits that the petitioner has retired from service on 18.12.2019. As such the writ petition should be dismissed. 9. I have heard the learned counsels for the parties. 10. As can be seen from the submissions made by the learned counsels for the parties, the petitioner is aggrieved with the fact that after amalgamation of the three organizations in the year 2003, the petitioner’s earlier colleagues in EOSE are now getting a higher Pay Scale than the petitioner, who had gone into another organization, i.e. SIE, Jorhat. There is nothing shown by the petitioner, as to how his Pay as Project Officer, EOSE can be protected now, when he joined the SIE, Jorhat in the year 1993. The above being said, the amalgamation of the three organizations having been done in the year 2003, the petitioner has prayed for Pay protection pertaining to the year 1993 only after his retirement. There is also nothing shown as to why the petitioner should be given the Pay Scale of Rs.2555-4600 per month. The petitioner retired from service on 18.12.2019, while the writ petition has been filed on 19.12.2019. 11. This Court finds that there is delay and laches in filing the writ petition, Page No.# 5/5 besides there being nothing to show that any right of the petitioner has been violated by the State respondents, in not giving the petitioner pay protection w.e.f. 11.02.1993, when the petitioner had left the EOSE and joined the SIE, Jorhat. 12. On considering all the above reasons, this Court does not find any ground to exercise it’s discretion in the present case. The writ petition is accordingly dismissed. JUDGE Comparing Assistant