Page No.# 1/4 GAHC010030252024 2025:GAU-AS:1837 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./23/2024 JAGEN BARMAN S/O SRIKANTA BARMAN, BA. B.ED, GRADUATE ASSTT. TEACHER, BARBHITHA DALOR PATHER HIGH MADRASSA, SITUATED AT VILL. AND P.O. BHOGPUR, DIST. BARPETA, PIN 781318 VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION SECONDARY DEPTT., DISPUR, GUWAHATI 06 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE INSPECTOR OF SCHOOLS BARPETA DIST. CIRCLE BARPETA DIST. BARPETA ASSAM PIN 781301 4:LABA RAM KALITA S/O LATE SADANANDA KALITA R/O VILL. CHAULIABARI P.O. KARDAIGURI PIN 781318 DIST. BAJALI ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. A K DUTTA, MR. S SUTRADHAR,MR. B PURKAYASTHA Advocate for the Respondent : MS. P DAS, SC, SECONDARY EDU. DEPTT. GOVT. OF ASSAM, BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 21.02.2025 Heard Mr. B. Purkayastha, learned counsel for the review petitioner as well as Ms. H. Terangpi, learned Standing Counsel, Secondary Education Department, Assam for the opposite party Nos. 1, 2 and 3. On 29.11.2024, none appeared for the opposite party No.4/writ petitioner and accordingly this Court passed an order that if the opposite party No.4/writ petitioner is not represented by the next date fixed, this review petition shall proceed ex-parte against the opposite party No.4/writ petitioner. Today also when the matter is called up, none appears for the opposite party No.4/writ petitioner and accordingly, the present review petition is taken up for final disposal. 2. Mr. B. Purkayastha, learned counsel for the review petitioner submits that in paragraph 3 of the order dated 03.08.2022 passed in WP(C) No.2883/2021, this Court on the basis of the submission made by the learned counsel for the writ petitioner has recorded that the present review petitioner/respondent No.4 in the writ petition is enjoying intermediate scale of pay and therefore, the Director of Secondary Education, Assam has committed illegality in allowing the respondent No.4 to hold the charge of Superintendent. It is submitted that the Fixation of Page No.# 3/4 initial pay under the Assam Services (Revision of Pay) Rules, 2017 in respect of the review petitioner/respondent No.4 in the writ petition would clearly indicate that the grade pay of the review petitioner is Rs.8,700/-, which is a graduate scale of pay. He, therefore, submits that if this observation is not modified at paragraph-3 of the said order, there would be serious repercussions for the review petitioner/respondent No.4 in the writ petition in future and it may also affect the promotional avenue of the review petitioner/respondent No.4 in the writ petition. 3. The respondent No.2 in the present review petition has also filed an affidavit in opposition on 19.11.2024 and in paragraph-9, it is stated as under:- “9.As per statement of the Inspector of Schools, Barpeta submitted on 24.02.2023, Sri Jogen Barman has been drawing the enhanced Grade Pay of Rs.8700/- w.e.f. 01.04.2016 and Special Allowances @ Rs.300/- pm as per Finance (PRU) Department’s Notification, stated above, but without any order from the authority of Secondary Education Department.” 4. From a consideration of the Fixation of initial pay under Assam Services (Revision of Pay) Rules, 2017, which is annexed to the present review petition as Annexure-6 page 29, this Court is of the considered opinion that the grade pay in respect of the review petitioner is fixed at Rs.8,700/- w.e.f. 01.04.2016 and accordingly, the review petitioner was enjoying the pay scale of a Graduate Teacher w.e.f. 01.04.2016. This is not disputed by the official respondents, particularly in the affidavit in opposition filed by the respondent No.2 at paragraph-9. 5. Accordingly, this Court is of the considered opinion that an error apparent on the face of records has occurred at paragraph-3 of the order dated 03.08.2022 passed in WP(C) No.2883/2021. Page No.# 4/4 6. Accordingly, paragraph 3 of the order dated 03.08.2022 in WP(C) No.2883/2021 is modified by deleting the below mentioned sentences from paragraph No.3, which is as under:- “However, the respondent No.4 is only enjoying intermediate scale of pay; therefore, the Director of Secondary Education has committed illegality in allowing the respondent No.4 to hold the charge of Superintendent.” 7. With the aforesaid deletion/modification, the review petitioner stands allowed to the extent as indicated above. JUDGE Comparing Assistant