Page No.# 1/4 GAHC010010562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/301/2025 BADRUZZAMAN MIRA S/O- LATE AMIN ALI MIRA, R/O- HAILAKANDI TOWN, WARD NO-11, P.O- R.T.P ROAD, P.S AND DIST- HAILAKANDI, ASSAM, PIN-788155 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06 2:THE SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI-06 3:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GHY-19 4:THE PRINCIPAL SRIKISHAN SARDA COLLEGE LAKHIPUR HAILAKANDI ASSAM PIN-788151 5:GOVERNING BODY SRIKISHAN SARDA COLLEGE LAKHIPUR HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. T J MAHANTA, MR. K MIRA Advocate for the Respondent : SC, HIGHER EDU, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 24.01.2025 Heard Mr. T. J. Mahanta, learned senior counsel for the petitioner, who submits that the petitioner was appointed as a Lecturer/Assistant Professor, vide order dated 22.02.2001 issued by the Director, Higher Education, Assam, which was subject to the following terms and conditions:- “1) The appointment of the concerned incumbent would be subjected to clearing of the NET/SLET and till that he/she would be treated as probationers and liable to be discharged if he/she failed to obtain clearance of NET/SLET. 2) The incumbent concerned will draw at the minimum of scale in Rs. 8000/- P.M. during probationary period and other allowances as admissible under rules stated above. Name of the incumbent Date of effect Department The post against which the apptt. is made sanctioning order No. and date Scale of pay Md. Badruzzaman Mira, Lecturer 19/02/2001 Physics Vice Sri B. K. Dhar retired 8000 13500/- 2. Subsequent to the above appointment of the petitioner, the petitioner’s pay was revised by the respondents and he was given the minimum basic pay of Rs. Page No.# 3/4 21,600/- per month with allowances in place of Rs. 8000/- per month with other allowances. 3. Subsequent to the coming into effect of the 7th UGC Pay Commission, the petitioner filed an application for enhancing his basic minimum pay under the 7th UGC Pay Commission. However, the same was rejected by the impugned order dated 20.12.2024 issued by the Secretary to the Government of Assam, Higher Education Department, on the ground that the petitioner was not entitled to receive anything beyond the minimum pay (fixed), while the petitioner had been receiving the minimum UGC basic pay plus other allowances. The impugned order thus held that the excess pay and allowance drawn by the petitioner w.e.f. 18.01.2019 was liable to be recovered from him. 4. The petitioner’s counsel submits that the impugned order dated 20.12.2024 has been issued without any opportunity of hearing being provided to the petitioner. 5. The petitioner’s counsel submits that the petitioner has till date not acquired Net/Slet in terms of the appointment order dated 22.02.2001. 6. Mr. K. Gogoi, learned Standing Counsel, Higher Education Department, submits that as a decision has been taken by the Secretary to the Government of Assam, Higher Education Department, without giving an opportunity of hearing to the petitioner, the respondent authorities may be given liberty to consider the case afresh, after giving an opportunity of hearing to the petitioner. Page No.# 4/4 7. On considering the fact that the impugned order dated 20.12.2024 issued by the Secretary to the Government of Assam, Higher Education Department, having come to a finding that the petitioner had been given excess pay and allowances, which is to be recovered, without giving any notice or prior opportunity of hearing to the petitioner, this Court is of the view that the same is hit by the principles of natural justice. Accordingly, the impugned order dated 20.12.2024 is set aside. The Secretary to the Government of Assam, Higher Education Department, is given liberty to issue notice to the petitioner with regard to the contents of the impugned order dated 20.12.2024 and take a fresh decision, as to whether excess pay and allowance has been given to the petitioner and whether the same is to be recovered from the petitioner. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant