Page No.# 1/18 GAHC010058762025 2025:GAU-AS:5425 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./54/2025 THE BODOLAND TERRITORIAL COUNCIL AND ANR, KOKRAJHAR, REPRESENTED BY ITS PRINCIPAL SECY. DIST. KOKRAJHAR, PIN 783370 2: THE SECRETARY BODOLAND TERRITORIAL COUNCIL DEPTT. OF EDUCATION KOKRAJHAR DIST. KOKRAJHAR PIN 78337 VERSUS SRI AJIT CHANDRA MARDI AND 49 ORS ASSTT. TEACHER, LABDANGURI L.P. SCHOOL S/O - MUNSHI MARDI R/O - VILL. NO. 2 LARUGAON P.O- BAGARGAON, P.S.- BIJNI DIST. CHIRANG(BTAD), ASSAM 2:FAZLUL RAHMAN ASST. TEACHER PASCHIM ALENGMARI L.P. SCHOOL (PROVINCIALIZED) S/O ANSER ALI R/O VILL. NO 2 LARUGAON P.O. BAGARGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 3:DIDAR ALI ASST. TEACHER Page No.# 2/18 NO. 2 SILIKHAGURI L.P. SCHOOL (PROVINCIALIZED) S/O MD JAWHAR ALI R/O VILL. NO. 2 LARUGAON P.O. BAGARGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 4:MWGTHANG BRAHMA HEAD TEACHER NO. 2 SIMALGURI L.P. SCHOOL (PROVINCIALIZED) R/O VILL. NO 2 LARUGAON P.O. BAGARGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 5:GOBINDRA CHANDRA SARKAR ASSTT. TEACHER INDRA BALIKA PRATHAMIK VIDYALAYA S/O SRI LAKHAN SARKAR R/O VILL. NO. 2 P.O .BAGARGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 6:SMT. KAMINI BALA ROY ASSTT. TEACHER NO. 2 AGRANG L.P. SCHOOL W/O SRI LALIT CHANDRA RAY R/O VILL. SONAJHAR P.O. ANANDA BAZAE P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM 7:ARUN CHANDRA MANDAL ASSTT. TEACHER NO. 1 AGRANG L.P. SCHOOL Page No.# 3/18 S/O CHANDRA MANDAL R/O VILL. NO 1 AGRANG P.O. ANANDABAZAR P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 8:PARAMESWAR RAY ASSTT. TEACHER PACHIM MAKRA L.P. SCHOOL (PROVINCIALIZED) S/O LATE BOYA RAM RAY R/O VILL. KAMARGAON P.O. BORABAZAR P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 9:RADHA KRISHNALAL GOYARI HEAD TEACHER NO. 1 CHAWARY MORABARI L.P. SCHOOL (PROVINCIALIZED) S/O RAMESH CHANDRA GOYARI R/O VILL. CHAWARY MORABARI P.O. BOROBAZAR P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 10:SMTI BISWARI BASUMATARY ASSTT. TEACHER FWISALI L.P. SCHOOL (PROVINCIALIZED) D/O LATE KHARGESWAR BASUMATARY R/O VILL. EAST PACHLABARI P.O. BETNAPARA P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 11:SMTI. MANESWARI GOYARI ASSTT. TEACHER CHOTO LADAMGURI L.P. SCHOOL (PROVINCIALIZED) Page No.# 4/18 D/O LT. LOHEN GOYARI R/O VILL. NO 2 CHOTOLADANGURI P.O. LADANGURI P.S. BIJNI DIST. CHIRANG BTAD ASSAM. 12:SMTI PRANITA BASUMATARY ASSTT. TEACHER LANGDANGPARA L.P. SCHOOL (PROVINCIALIZED) D/O NAREN BASUMATARY R/O VILL. BANDUGURI P.O. KOLLGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 13:ARGENG BORO ASSTT. TEACHER DOTANGPARA L.P. SCHOOL (PROVINCIALIZED) S/O RAJ KISWAR BORO R/O VILL. DUTANGPARA P.O. NEHRUBAZAR P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 14:SINGHA RAM BORO ASSTT. TEACHER NO.2 HASRAODARI L.P. SCHOOL S/O LATE GEDA RAM BORO R/O VILL. NO 2 HASRABARI P.O. BALLAMGURI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 15:BARLANGPHA BASUMATARY ASSTT. TEACHER NO 1 HASRAODARI L.P. SCHOOL(PROVINCIALIZED) S/O DAMPLA RAM BASUMATARY Page No.# 5/18 R/O VILL. NO 2 HASRAOBARI P.O. BALLAMGURI P.S. BIJNI DIST. CHRANG (BTAD) ASSAM. 16:SABI RAM BORO ASSTT. TEACHER BWRIPARA L.P. SCHOOL(PROVINCIALIZED) S/O LATE HAREN BORO R/O VILL. LANTHAIJHAR P.O. PANBARI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 17:MANGAL SING BORO ASSTT. TEACHER PACHIM ALENGMARI L.P. SCHOOL (PROVINCIALIZED) S/O ANSA RAM BORO R/O VILL. ALENGMARI P.O. BAGARGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 18:SMT RWISUMWI BASUMATARY ASSTT. TEACHER NO 1 AAMTEKA L.P. SCHOOL D/O SRI KAMESWAR BASUMATARY R/O VILL. NO 1 SARFANFURI P.O. AMTEKA P.S. AMGURI DIST. CHIRANG (BTAD0 ASSAM. 19:SMTI HABIZA KHATUN ASSTT. TEACHER SILIKHAGURI L.P. SCHOOL (PROVINCIALIZED) D/O MD. ABUL KASHEM R/O VILL. NO.1 SILIKHAGURI P.S. BIJNI DIST. CHIRANG (BTAD0 Page No.# 6/18 ASSAM. 20:KERAMAT ALI ASSTT. TEACHER DAKHIN PURAKHOLA NABAMILAN L.P. SCHOOL (PROVINCIALISED) S/O MD. IMAN ALI R/O VILL. BAGARGAON P.O. BAGARGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 21:HAZARAT ALI ASSTT. TEACHER NO 2 GOROIMARI L.P. SCHOOL (PROVINCIALIZED) S/O LT. NAJIBAR RAHAMAN R/O VILL NO. 2 GORAIMARI P.O. ALUKHANDA P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 22:SMTI KHANESWARI BASUMATARY ASSTT. TEACHER NO. 3 CHAURANG VIDYAPUR L.P. SCHOOL (PROVINCIALIZED) D/O LT. NALIRAM BASUMATARY R/O VILL. BARSHIJHAR P.O. PANBARI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 23:NAREN CHANDRA DEBNATH ASSTT. TEACHER NO 2 BISHNUPUR L.P. SCHOOL S/O LT. KISTI CHARAN DEBNATH R/O VILL. NO. 3 BISHNUPUR P.O. BHUTAGAO P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. Page No.# 7/18 24:DEV KR. RAY. ASSTT. TEACHER FWRMAISALI L.P. SCHOOL (PROVINCIALIZED) S/O LT. NAGEN CH RAY R/O VILL. NO 1 DENSHIPARA P.O. BALLAMGURI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 25:KAHGENDRA NATH BISWAS ASSTT. TEACHER CHAWRAGNI BAGHMARA L.P. SCHOOL (PROVINCIALIZED) S/O SRI DEGENDRA NATH BISWAS R/O VILL. CHAWRAGURI P.O. GORAIMARI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 26:LOK BAHADUR CHETRY HEAD TEAHCER PATALMARI L.P. SCHOOL (PROVINCIALIZED) S/O LT. RAM BAHADUR CHETRY R/O VILL. KOILAMAILA. P.O. KOLLAMALLA P.S. AMGURI DIST. CHIRANG (BTAD) ASSAM. 27:SMTI KANAKLOTA RAY ASSTT. TEACHER NO. 2 CHIKAJHORA L.P. SCHOOL (PROVINCIALIZED) D/O SRI HARKUMAR RAY R/O VILL. NO 2 CHIKAJHARA P.O. BATGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 28:RATI RAM MADHUA ASSTT. TEACHER Page No.# 8/18 PUB DURGAPUR L.P. SCHOOL (PROVINCIALIZED) S/O SURJA RAM MADHUA R/O VILL. RANGIJHARA P.O. KUNGKRAJHORA P.S. AMGURI DIST. CHIRANG (BTAD) ASSAM. 29:TARUN CH DAS ASSTT. TEACHER BORPATHAR PUB PARA L.P. SCHOOL(PROVINCIALIZED) S/O KABIRAM DAS R/O VILL. BARPATHAR P.O. BARPATHAR P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 30:ABDUL KADER. ASSTT. TEACHER PACHIM KALLAGAON L.P.. SCHOOL (PROVINCIALIZED) S/O MUSA SEIKH R/O VILL. PALANGAUGURI P.O. JOYPUR P.S. AMGURI DIST. CHIRANG (BTAD) ASSAM. 31:GANESH BAHADUR SAPKOTA ASSTT. TEACHER SUKANTAKLAL L.P. SCHOOL S/O LT. JAGAT BAHADUR SAPKOTA R/O VILL. KOLLAMOILA P.O. KOLLAMOLLA P.S. AMGURI DIST. CHIRANG (BTAD) ASSAM. 32:CHAPEN BASUMATARY ASSTT. TEACHER DOTMA ANDEKA L.P. SCHOOL S/O TULESWAR BASUMATARY Page No.# 9/18 R/O VILL. TAIGIGURI P.O. KOILAMOILA P.S. AMQURI DIST. CHIRANG (BTAD) ASSAM. 33:BALIPANG GOYARI ASSTT. TEACHER ALUBRAHMA L.P. SCHOOL R/O VILL. AMTEKA P.O. AMTEKA P.S. AMGURI DIST. CHIRANG (BTAD) ASSAM. 34:NABAB ALI SEIKH ASSTT. TEACHER NABAZARATA L P. SCHOOL S/O LT. TAMSER ALI R/O VILL. BATABARI P.O. BIJNI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 35:ABUL KALAM ASSTT. TEACHER NO. 3 KAWAIDI L.P. SCHOOL S/O LT. FAZAL HOQUE R/O VILL. DHUPURI P.O. SONAIKOLA P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 36:KANTA BHAGAT ASSTT. TEACHER SAUTALAPARA L.P. SCHOOL S/O NIRMAL BHAGAT R/O VILL. DURGAPUR P.O. KUNGKRAJHORA SANTALPARA P.S. AMGURI Page No.# 10/18 DIST. CHIRANG (BTAD) ASSAM. 37:SMTI SARADA PRASAD GAYARY ASSTT. TEACHER BARPATHAR PUBPARA L.P. SCHOOL (PROVINCIALIZED) D/O GIRIN CHANDRA GOYARY R/O VILL. PANBARI P.O. PANBARI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 38:FUNGKHA NARZARY ASSTT. TEACHER LABDANGPARA L.P. SCHOOL S/O ANAG NARZARY R/O VILL. KANTHALGURI P.O. MONGOLIAN BAZAR P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 39:BIRALA NARZARY HEAD TEACHER SONAPUR L.P. SCHOOL (PROVINCIALIZED) D/O SIMSON BASUMATARY R/O VILL. NORTH GANDABILL. P.O. KAILA MAILA P.S. AMGURI DIST. CHIRANG (BTAD) ASSAM. 40:SMTI JOSHODA BALA THAKURIA ASSTT. TEACHER PUB FAGUNA GAON PRATHAMIK BALIKA VIDYALAYA D/O LT. KANU RAM THAKURIA R/O VILL. PALENGBARI P.O. MONAKOCHA P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. Page No.# 11/18 41:NARESH CH. BARMAN ASSTT. TEACHER NO 1 THALSAGARI JUGALGOPAL L.P. SCHOOL (PROVINCIALIZED) S/O GOPAL CH BARMAN R/O VILL. NO. 2 THAISOBARI P.O. PANBARI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 42:SAMARENDRA BASUMATARY ASSTT. TEACHER AMTEKA NO.3 OXIGURI L.P. SCHOOL S/O SRI MANINDRA BASUMATARY R/O VILL. NARBIDANGI P.O. KOILA MOILA P.S. AMGURI DIST. CHIRANG (BTAD) ASSAM. 43:BISHNU RAM RAY ASSTT. TEACHER PURAKOLA L.P. SCHOOL S/O LT. KHAGENDRA CH RAY R/O VILL. LABDANGURI P.O. SILIKHAGURI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 44:HIRALAL SARKAR ASSTT. TEACHER RAKHAL SARKAR VIDYAMANDIR S/O HARENDRA SARKAR R/O VILL. MOKHANAGURI P.O. KALIAGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 45:LAKSHMI KANTA DAS Page No.# 12/18 ASSTT. TEACHER NO 3 CHAURANG VIDYAPUR L.P. SCHOOL (PROVINCIALIZED) S/O DHRUBAANDA DAS R/O VILL. BORGAON P.O. SILIKHAGURI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 46:SMTI BERONIKA BASUMATARY ASSTT. TEACHER NO 2 LOTHIBARI L.P. SCHOOL D/O SUTI RAM BASUMATARY R/O VILL. NO 1 BALDIGAON P.O. KAILA MOILA P.S. AMGURI DIST. CHIRANG (BTAD) ASSAM. 47:HEMKANTA BASUMATARY ASSTT. TEACHER KUMARGAON S/O SRI KRISHNA BASUMATARY R/O VILL. KUMARGAON P.O. DAKHIN BIJNI P.S. BIJNI DIST. CHIRANG (BTAD0 ASSAM 48:JUBRAJ NIRAULA ASSTT. TEACHER NO 1 CHOTO LADAMGURI L.P. SCHOOL (PROVINCIALIZED) S/O SRI DEBA PRASAD UPADHYAYA R/O VILL. BATABARI P.O. SILIKHAGURI P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 49:BISESWAR BISWAS ASSTT TEACHER Page No.# 13/18 NO 4 DAILONGJHAR L.P.. SCHOOL (PROVINCIALIZED) S/O SRI NAREN BISWAS R/O VILL. BATABARI P.O. BHATAGAON P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM. 50:KARUNA KANTA BASUMATARY ASSTT. TEACHER NO. 2 BHALATOL LANGDANGPARA L.P. SCHOOL R/O VILL. AND P.O. BHALATOL P.S. BIJNI DIST. CHIRANG (BTAD) ASSAM Advocate for the Petitioner : MR. S BORA, MS. R B BORA Advocate for the Respondent : SC, FINANCE DEPTT., MR. B GOGOI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 01.05.2025 Heard Ms. R.B. Bora, learned standing counsel for the review petitioners. 2. This review petition has been preferred against the order dated 23.03.2023, passed by this Court in WP(C) 183/2016, whereby the review petitioners were directed to pay arrear salary of the writ petitioners w.e.f. 31.10.1997 (i.e. 01.11.1997 to 12.11.2004) within 3 (three) months from the date of receipt of the certified copy of the order, failing which the amount would carry interest @ 9% after expiry of the said 3 (three) months. However, it was Page No.# 14/18 also directed that the Director of Education, BTC would make an enquiry within 2 (two) months as to the correctness of the claim of the writ petitioners that they have been working uninterruptedly after 12.11.2004 till date and if found working, payment of arrears salary be made within 3 (three) months. 3. The learned standing counsel for the review petitioners has submitted that the writ petitioners claimed their arrears salary w.e.f. 1997 by filing a writ petition in the year 2016 and therefore, on account of delay of 19 years in approaching the Court, the principle of delay defeats equity would be applicable. Accordingly, referring to the hereinafter referred cases, the learned standing counsel for the review petitioners has prayed for review of the said order dated 23.03.2023. the cases cited are: (1) M.R. Gupta v. Union of India & Ors., (1995) 5 SCC 628; (2) State of Madhya Pradesh & Ors. v. Yogendra Shrivastava, (2010) 12 SCC 538; (3) Union of India & Ors. v. Tarsem Singh, (2008) 8 SCC 648; (4) Ratan Chandra Sammanta & Ors. v. Union of India & Ors., 1993 0 AIR (SC) 2276; and (5) Khagendra Chandra Debnath & Ors. v. State of Tripura & Ors., 2009 (2) GLT 344. 4. It appears from the statement made in paragraph-5 of this review petition that owing to non compliance of the order dated 23.03.2023, passed in WP(C) 183/2016, 41 out of 58 writ petitioners in WP(C) 183/2016 had filed a contempt petition, which was registered as Cont.Cas.(C) 633/2023. 5. The facts of the present case is found to be different from the facts on which the cases cited by the learned standing counsel for the review petitioners were decided. 6. In the case of M.R. Gupta (supra), the appellant before the Supreme Page No.# 15/18 Court of India, after 11 years of joining service, approached the Central Administrative Tribunal for proper fixation of his pay as on the date of joining the Railway Service. Partly allowing the said appeal, the Supreme Court of India has observed that the fixation of pay was a continuing wrong and therefore, the same was liable to be considered. However, the question of limitation was applied with regard to the consequential and other reliefs including arrears, if any, was held for being considered and decided in accordance with law by the Tribunal. 7. In the case Yogendra Shrivastava (supra), there also it was held that the issue relating to payment or fixation of salary or any allowance would not be barred by limitation or on doctrine of laches as the denial of benefit occurs every month when salary is paid and therefore, denial of benefit occurs every month when the salary is paid giving rise to a fresh cause of action and only insofar as the arrears are concerned, the respondents were found entitled to recover the difference in NPA only in regard to the salary which accrued during the last 3 (three) years prior to the date of filing of the original applications. 8. 8. In the case of Tarsem Singh (supra), the arrears were ordered to be restricted to 3 (three) years prior to the date of filing of the writ petition. 9. In the case of Ratan Chandra Sammanta & Ors. (supra), the issue related to re-employment and therefore, as the casual labourers, failed to enforce their rights except by sending a vague representation, the absence of any fresh cause of action was held to have remedy lost by lapse of time. 10. In the case of Khagendra Chandra Debnath & Ors. (supra), the claim for revision of pay-scale from time to time was made after 40 years of their Page No.# 16/18 initial appointments, for which relief was denied to them on the ground of delay and laches. 11. In this case in hand, it is not any dispute that the BTC authorities had released fixed remuneration of Rs.900/- per month to the petitioners for a period of 01.11.1995 to 31.10.1997 and thereafter, no payment was released. It appears from the materials available in the writ petition that the service of some of the petitioners were provincialized pursuant to Government Letter 26.03.2013 and thereafter, they were receiving regular salary after provincialisation and therefore, the writ petitioners were only claiming the amount covered by non- payment of monthly stipend amount of Rs.900/- per month after October, 1997. The writ petitioners had also stated that though service of most of the writ petitioners was provincialized, but there are some petitioners whose service were yet to be provincialized, but they have also not received stipendary grants till the date of filing of the writ petition. 12. In the affidavit-in-opposition filed on 22.04.2016, on behalf of the of the respondent nos. 5 to 7 in the writ petition, being (5) The Bodoland Territorial Council represented by its Principal Secretary; (6) The Secretary, The Bodoland Territorial Council, Kokrajhar; and (7) The Director of Education, The Bodoland Territorial Council, Kokrajhar, the said authorities have accepted the statement made in paragraph-5 of the writ petition, whereby the petitioners had claimed that the BTC authorities have given remuneration with fixed pay of Rs.900/- per month w.e.f. 01.11.1995 to 31.10.1997. They have further admitted that thereafter no payment has been made from their establishment to the teachers due to lack of fund allotment received from Bodoland Autonomous Council. Page No.# 17/18 13. Apart from the said admission made in paragraph-6 of the affidavit-in- opposition, in paragraph-10 of the said affidavit-in-opposition, it has been admitted on behalf of the said three authorities that some venture schools were provincialised by the Government w.e.f. 01.03.2013, but some petitioners, whose services were yet to be provincialised and have not received any remuneration/grant-in-aid from the Government till date. This admission is found to have been made in the affidavit-in-opposition, which was filed on 22.04.2016. Under such circumstances, the categorical admission of non- payment of the stipend, in the humble opinion of the Court, would entitle the private respondents herein to their legitimate dues. 14. In this case, the petitioners were only stipendary teachers with a fixed salary of a paltry sum of Rs.900/- per month. This is not a case where these appointments were held to be illegal by any authority. 15. At this stage, the learned standing counsel for the review petitioners has submitted that the categorical stand in paragraph-11 of the affidavit-in- opposition filed in the writ petition, the stand of the BTC is that the authority had already terminated their services with the effect from 12.11.2004. Assuming the correctness of the said submission, it is seen that, it is in the said context that this Court by the order dated 23.03.2023, had directed the Director of Education, Bodoland Territorial Council to make an enquiry as to the correctness of the claim of the petitioners that they have been working uninterruptedly after 12.11.2004 till date in respect of the 50 writ petitioners, which was directed to be made within 3 (three) months. Therefore, the direction to make payment would only be for the period the private respondents had rendered service. Page No.# 18/18 16. In the affidavit-in-opposition filed by the review petitioners in the writ proceeding, the authorities of the BTC have not denied the claim of the petitioners of non-payment of their monthly stipend of Rs.900/- per month, but they took a plea that their services have been terminated. Therefore, as the direction to make payment is only with regard to the period for which the private respondents rendered the service, by specifically referring in paragraph- 9 to the effect that “in view of such admission that the petitioners have rendered service up to 12.11.2004, the Court was inclined to direct the hereinbefore referred three authorities (respondent nos.5 to 7 in the writ petition) to release the admitted amount of stipend for a period from 01.11.1997 to 12.11.2004”. Accordingly, the Court does not find any reason to review the order in question so as to deny the private respondents herein a very miniscule stipendary benefit of Rs.900/- per month and that too for a limited period from 01.11.1997 up to 12.11.2004, for service already availed. 17. Therefore, the Court, having not found any merit in this review petition, the same stands dismissed without issuing any notice to the respondents. JUDGE Comparing Assistant