Page No.# 1/8 GAHC010091762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : WP(C)/2406/2025 BIMAL KRISHNA MAZUMDER S/O- LATE RAJENDRA KR. MAZUMDER VILL. AND P.O. UTTAR BARBIL P.S. HOWRAGHAT DIST. KARBI ANGLONG ASSAM PIN-782481. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTRED BY THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR ASSAM GHY-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR ASSAM GUWAHATI-781006. 4:THE KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY THE CHIEF EXECUTIVE MEMBER KARBI ANGLONG AUTONOMOUS COUNCIL SECRETARIAT DIPHU KARBI ANGLONG Page No.# 2/8 ASSAM 5:THE JOINT SECRETARY KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU DIST. KARBI ANGLONG ASSAM 6:THE ADDITIONAL DIRECTOR OF EDUCATION KAAC DIPHU DIST. KARBI ANGLONG ASSAM 7:THE INSPECTOR OF SCHOOLS KARBI ANGLONG DISTRICT CIRCLE DIST. KARBI ANGLONG ASSAM ------------ Advocate for : MR J ABEDIN Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 6 ORS 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. Page No.# 3/8 3. The petitioner, herein, was appointed as Headmaster in Rongkut Kharsing ME School, by the School Management Committee, Rongkut on 16-03-1988. The petitioner, thereafter, joined his service as Headmaster of the said school on 29-05-1988. The school, as on the 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 30-04- 1992, 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 of the petitioner was provincialized as the Headmaster of the Rongkut Kharsing ME School. 4. The respondent authorities, thereafter, proceeded to amalgamate the Rongkut Kharsing ME School with Rongkut High School, in terms of the scheme for amalgamation. The petitioner being the Headmaster of the ME School, on the amalgamation of the school of the petitioner with the High School, the petitioner was denoted as the Assistant Headmaster of the amalgamated High School. The petitioner is projected to have been, thereafter, working as the Assistant Headmaster of the said school. The petitioner, although, working as Assistant Headmaster 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 Headmaster, on the ground that the post of Assistant Headmaster was not created for the school in question. Page No.# 4/8 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 11-05-2007, the petitioner was denoted, therein, to be the Assistant Headmaster of the amalgamated school. Mr. Abedin submits that there is no dispute that the petitioner, thereafter, continued to discharge his duties as the Assistant Headmaster of the said school till the date of his superannuation, which had occasioned on 31-01-2026. 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 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, he would also be entitled to similar Page No.# 5/8 relief. 7. Ms. S. Kemprai, learned standing counsel, KAAC submits, that it is admitted that the petitioner, herein, on amalgamation of his school, wherein, he was working as Headmaster, was allowed to function as Assistant Headmaster of the amalgamated High School, however, the pay and allowances of the petitioner in the scale of pay prescribed for the post of Assistant Headmaster, was not permissible to be so authorized to him in view of the fact that no post of Assistant Headmaster came to be created in the said school. Accordingly, she submits that only on the post of Assistant Headmaster, being so created, in the said school by the competent authority, the KAAC authorities would not be in a position to release to the petitioner his due salary in the scale prescribed for the post of Assistant Headmaster 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 Headmaster. The school of the petitioner, viz. Rongkut Kharsing ME School was amalgamated with Rongkut High School vide order dated 11-05-2007. A perusal of the said order dated 11-05-2007, 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 Headmaster 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 Headmaster of the amalgamated High School, i.e. Rongkut High Page No.# 6/8 School. However, the pay and allowances of the petitioner was released to him against the post of Assistant Teacher, as the post of Assistant Headmaster 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:- “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 Page No.# 7/8 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 Headmaster 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 Headmasters, 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 08-09-2020 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 Headmaster, of the amalgamated High School vide order dated 11-05-2007, 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 Headmaster of amalgamated High School, i.e. Rongkut High School, w.e.f. the date of issuance of the order dated 11-05-2007. 13. Accordingly, the respondent authorities shall now authorise to the petitioner, Page No.# 8/8 herein, his pay and allowances in the scale of pay prescribed for the post of Assistant Headmaster of a High School, w.e.f. 11-05-2007. The arrears receivable by the petitioner, w.e.f. 11-05-2007, in the scale of pay of the post of Assistant Headmaster be computed and after deducting the pay already drawn by the petitioner, 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 of Assistant Headmaster, be so obtained, within the period of 03 (three) months as provided for release to the petitioner in the scale of pay prescribed for the post of Assistant Headmaster of a High School. 14. The petitioner having already superannuated from his services, w.e.f. 31-01-2026, in view of the direction passed by this Court requiring the respondent authorities to authorise to the petitioner his pay and allowances in the pay scale prescribed for the post of Assistant Headmaster of a High School, the petitioner be deemed to have retired from his services from the post of Assistant Headmaster and his pension and pensionary benefits be accordingly computed and authorised to him as expeditiously as possible. With the above observations and directions the present writ petition stands disposed of. JUDGE Comparing Assistant