Page No.# 1/8 GAHC010091762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2416/2025 JYOTSNA MAZUMDER W/O JAGANNAT DAS VILL RONGKUT BLOCK III PO RONGKUT PS HOWRAGHAT DIST KARBI ANGLONG, ASSAM 782481 VERSUS THE STATE OF ASSAM AND 6 OTHERS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION DEPARTMENT, GUWAHATI -6, ASSAM 2:DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR ASSAM GUWAHATI 781006 4:THE KARBI ANGLONG AUTONOMOUS COUNCIL REP BY THE CHIEF EXECUTIVE MEMBER KARBI ANGLONG AUTONOMOUS COUNCIL SECRETARIAT DIPHU KARBI ANGLONG ASAM 5:THE JOINT SECRETARY KARBI ANGLONG AUTONOMOUS COUNCIL SECRETARIAT DIPHU KARBI ANGLONG ASAM 6:THE ADDITIONAL DIRECTOR OF EDUCATION KARBI ANGLONG AUTONOMOUS COUNCIL SECRETARIAT DIPHU KARBI ANGLONG ASAM 7:THE INSPECTOR OF SCHOOLS KARBI ANGLONG DISTRICT CIRCLE DIPHU DIST KARBI ANGLONG ASSA Page No.# 2/8 Advocate for the Petitioner : MR J ABEDIN, MR. K I MAZUMDER,MR M Z RAHMAN Advocate for the Respondent : SC, SEC. EDU., SC, K A A C,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 17-08-2026 Heard Mr. J. Abedin, learned counsel for the petitioner. Also heard Ms. H. Terangpi, learned standing counsel, Secondary Education, Assam appearing for the respondent Nos. 1 & 2, Mr. M. Bhuyan, learned standing counsel, Finance Department, Assam appearing for the respondent No. 3 and Ms. S. Kemprai, learned standing counsel, KAAC, appearing for the respondent Nos. 4 to 7. 2. As agreed to by the learned counsel for the parties, the present writ petition is taken up for final consideration and is being disposed of by the present order. 3. The petitioner, herein, was appointed in Raichand Girls’ ME School, by the School Management Committee, Rongkut on 10-02-1990 as the Head Mistress of the school. The petitioner, thereafter, joined her service as Head Mistress of the said school. The school, as on date the petitioner was appointed, therein, as its Headmaster, was in its venture stage. As the petitioner was continuing in the said capacity, the school of the petitioner was found to be eligible for provincialisation of the services of the employees working, therein, including the petitioner, herein. Accordingly, vide order dated 26-11-1996, the jurisdictional Inspector of Schools, proceeded to provincialise the services of the petitioner along with other teaching and non-teaching staff working in the said school. The services Page No.# 3/8 of the petitioner was provincialized as the Head Mistress of the Raichand Girls’ ME School. 4. The respondent authorities, thereafter, proceeded to amalgamate the Raichand Girls’ ME School with Kamini Sarkar Girls’ High School, in terms of the scheme for amalgamation. The petitioner being the Head Mistress of the ME School, on the amalgamation of the school of the petitioner with the High School, the petitioner was denoted as the Assistant Head Mistress of the amalgamated High School. The petitioner is projected to have been, thereafter, working as the Assistant Head Mistress of the said school. The petitioner, although, working as Assistant Head Mistress of the amalgamated High School in terms of the scheme for amalgamation as well as the order so issued in this connection by the respondent authorities, the petitioner was not authorized the scale of pay of the post of Assistant Head Mistress, on the ground that the post of Assistant Head Mistress was not created for the school in question. 5. Being aggrieved, the petitioner has instituted the present writ petition. 6. Mr. J. Abedin, learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that in the order of amalgamation of the school in question, dated 02-05-2017, the petitioner was denoted, therein, to be the Assistant Head Mistress of the amalgamated school. Mr. Abedin submits that there is no dispute that the petitioner, thereafter, continued to discharge her duties as the Assistant Head Mistress of the said school till the date of her superannuation, which had occasioned on 30-04-2026. Mr. Abedin further submits that similarly situated persons had approached this Court by way of instituting a writ petition being, W.P.(C) No. 3771/2015. A Coordinate Bench of this Court vide order dated 16-09-2019, on considering the materials coming on record in the Page No.# 4/8 said proceeding, disposed of the said writ petition by holding that the petitioners, therein, have to be deemed to have been working against the post of Assistant Head Masters, w.e.f. the date of amalgamation of that school for all purposes. Accordingly, the writ petition was disposed of directing the respondent authorities to release to the petitioners, therein, their pay and allowances as prescribed for the post of Assistant Head Master of a High School. Mr. Abedin submits that pursuant to the said direction passed by this Court vide order dated 16-09-2019, the respondent authorities, had complied with the same and vide order dated 08-09-2020, the petitioners in W.P.(C) No. 3771/2015, were authorized their pay and allowances in the scale of pay prescribed for the post of Assistant Head Master of an amalgamated school with retrospective effect, i.e., w.e.f. the date their respective schools were amalgamated. Mr. Abedin, accordingly, submitted that the present writ petitioner being similarly situated, she would also be entitled to similar relief. 7. Ms. S. Kemprai, learned standing counsel, KAAC submits, that it is admitted that the petitioner, herein, on amalgamation of her school, wherein, she was working as Head Mistress was allowed to function as Assistant Head Mistress of the amalgamated High School, however, the pay and allowances of the petitioner in the scale of pay prescribed for the post of Assistant Head Mistress, was not permissible to be so authorized to her in view of the fact that no post of Assistant Head Mistress came to be created in the said school. Accordingly, she submits that only on the post of Assistant Head Master, being so created, in the said school by the competent authorities, the KAAC authorities would not be in a position to release to the petitioner her due salary in the scale prescribed for the Page No.# 5/8 post of Assistant Head Mistress of a High School. 8. I have heard the learned counsel for the parties and have also perused the materials available on record. 9. From the submissions of learned counsel for the parties, it is not disputed that the petitioner was working in a provincialized ME School as its Head Mistress. The school of the petitioner, viz. Raichand Girls’ ME School was amalgamated with Kamini Sarkar Girls’ High School vide order dated 02-05-2017. A perusal of the said order dated 02-05-2017, would go to reveal that, in terms of the scheme for amalgamation of a ME School with a High School, the petitioner was denoted on such amalgamation as the Assistant Head Mistress of the amalgamated High School. The respondents in their affidavit have also admitted to the fact that after the amalgamation of the schools in question, the petitioner was allowed to function as the Assistant Head Mistress of the amalgamated High School, i.e. Kamini Sarkar Girls’ High School. However, the pay and allowances of the petitioner was released to her against the post of Assistant Teacher, as the post of Assistant Head Mistress was not created for the said school. This Court finds that the same very plea was taken by the KAAC authorities before this Court in the proceeding of W.P.(C) No. 3771/2015 (Chandra Kanta Nath & Ors. Vs. State of Assam & Ors.). 10. This Court on a consideration of the said submission had vide its order dated 16- 09-2019 passed in W.P.(C) No. 3771/2015, rejected the same and directed for release to the petitioners, therein, their pay and allowances in the scale of pay prescribed for the post of Assistant Head Master of a High School. Paragraphs 3, 4, 5 and 6 of the said order dated 16-09-2019 being relevant, is extracted, here-in-below for ready reference:- Page No.# 6/8 “3. Plea of the petitioners, however, has been resisted by learned Standing Counsel, Secondary Education Department, by stating that since no posts of Assistant Headmasters have been created, their services could not be regularized. However, the process is going on for creation of posts of Assistant Headmasters, so that their services can be regularized. 4. Though this submission sounds meritorious, on closer scrutiny, this submission does not have any basis. It is now well settled that the accrued service conditions of regular employees cannot be adversely affected. The petitioners did not seek amalgamation with the High schools. It was a policy decision of the Government to amalgamate these M.E. schools to the High schools. The policy itself indicates that upon amalgamation, the Headmasters of the M.E. schools would be absorbed as the Assistant Headmasters. 5. In view of above, this Court is of the opinion that though creation of posts may be necessary for administrative purpose, it cannot be delayed any further. Accordingly, the present petition is disposed of directing the respondent authorities to regularize the services of the petitioners as Assistant Headmasters in the upgraded amalgamated Schools, for which the authorities may take necessary steps including creation of posts. 6. Be that as it may, this Court would hold that the petitioners shall be deemed to have been regularized to the post of Assistant Headmasters with effect from the date of amalgamation for all purposes. Accordingly, the respondent authorities shall release the necessary pay scale attached to the post of Assistant Headmasters of the High Schools and grant the service benefits of the petitioners attached to the posts of Assistant Headmasters from the date of amalgamation to the High Schools within a period of 3 (three) months from the date of receipt of a certified copy of this order.” 11. A perusal of the said order dated 16-09-2019, would go to reveal that this Court had rejected the justification made by the KAAC authorities for denying to the petitioners, therein, their pay and allowances in the scale of pay prescribed for the post of Assistant Head Master of a High School. This Court further finds that the Coordinate Bench of this Court had also deemed the petitioners, therein, to have been regularised against the post of Assistant Head Masters, w.e.f. the date of amalgamation of the schools in question. The decision of this Court in the case of W.P.(C) No. 3771/2015, is also found by this Court to have been implemented by the respondent authorities vide order dated 08-09- Page No.# 7/8 2020 and that too with retrospective effect, i.e. w.e.f. the date of amalgamation of the school of the petitioner, therein. 12. In view of the above position, the petitioner, herein, being found to be similarly situated like the petitioners in W.P.(C) No. 3771/2015, this Court is of the opinion that the petitioner, herein, would also be entitled to a similar direction. Accordingly, the petitioner being already denoted as the Assistant Head Mistress, of the amalgamated High School vide order dated 02-05-2017, this Court holds that for all intent and purpose, the petitioner, herein, be deemed to have been appointed on regular basis against the post of Assistant Head Mistress of amalgamated High School, i.e. Kamini Sarkar Girls’ High School, w.e.f. the date of issuance of the order dated 02-05-2017. 13. Accordingly, the respondent authorities shall now authorise to the petitioner, herein, her pay and allowances in the scale of pay prescribed for the post of Assistant Head Mistress of a High School, w.e.f. 02-05-2017. The arrears receivable by the petitioner, w.e.f. 02-05-2017, in the scale of pay of the post of Assistant Head Mistress be computed and after deducting the pay already drawn by the petitioner as Assistant Teacher, the arrears, thereof, be released to the petitioner within a period of 03 (three) months from the date of receipt of a certified copy of this order. The administrative sanction so required for creation of the post Assistant Headmaster be obtained within the period of 03 (three) months as provided for release of the salaries to the petitioner in the scale of pay prescribed for the post of Assistant Headmaster in a High School. 14. The petitioner having already superannuated from her services, w.e.f. 30-04-2026, in view of the direction passed by this Court, requiring the respondent authorities to Page No.# 8/8 authorise to the petitioner her pay and allowances in the pay scale prescribed for the post of Assistant Head Mistress of a High School, the petitioner be deemed to have retired from her services from the post of Assistant Head Mistress and her pension and pensionary benefits be accordingly computed and authorised to her as expeditiously as possible. With the above observations and directions the present writ petition stands disposed of. JUDGE Comparing Assistant