Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/7 GAHC010073622025
2026:GAU-AS:3299
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./68/2025 SUBRATA NATH S/O SOMIRAN CHANDRA NATH, R/O VILL. AND P.O. UMEDNAGAR, P.S.
LALA, DIST. HAILAKANDI, ASSAM. 2: ABDUL MUNIM LASKAR S/O SAMSUDDIN LASKAR R/O VILL. AND P.O. LAKHIRBOND PART II P.S. AND DIST. HAILAKADI ASSAM. 3: ALOM UDDIN MAZARBHUIYA S/O ABDUL HOQUE MAZARBHUIYA R/O HAILAKANDI TOWN W/NO 3 P.O. RATANPUR ROAD DIST. HAILAKANDI ASSAM. 4: NURUL ISLAM BARBHUIYA S/O LATE ABDUL KADIR BARBHUIYA R/O VILL. AND P.O. VICHINGCHA PART-II DIST. HAILAKANDI ASSAM. 5: ABDUL HANNAN LASKAR S/O LATE DULOB ALI LASKAR R/O VILL. AND P.O. DINONATHPUR PT I DIST. HAILAKANDI ASSAM. Page No.# 2/7 6: NUR AHMED LASKAR S/O LAE RAKIB ALI LASKAR R/O VLL. SERALIPUR P.O. TANTOO DIST. HAILAKANDI ASSAM. 7: SAIDUR RAHMAN BARBHUIYA S/O ILIAS ALI BARBHUIYA R/O VILL. BHATIRKUPA P.O. CHANDIPUR DIST. HAILAKANDI ASSAM. 8: NOOR AHMED LASKAR S/O ABDUL SATTAR LASKAR R/O VILL. AND P.O. MATIJURI DIST. HAILAKANDI ASSAM PIN 788155 9: IMDADUR RAHMAN LASKAR S/O ATIQUE RAHMAN LASKAR R/O VILL. SARBANANDAPUR P.O. SARBANANDAPUR DIST. HAILAKANDI ASSAM PIN 788163 10: AZIR UDDIN LASKAR S/O KURSHED ALI LASKAR R/O VILL. DUDPUR P.O. VICHINGCHA DIST. HAILAKANDI ASSAM PIN 788151 11: SAMSUL ISLAM MAZUMDER S/O ABDUL MANNAF MAZUMDER R/O VILL. PURBO KITTAR BOND-I P.O. AMALA
Page No.# 3/7 DIST. HAILAKANDI ASSAM PIN 788164 12: AHMODUR RAHMAN LASKAR S/O LUTHFUR RAHMAN LASKAR R/O VILL. AND P.O. SARBANANDAPUR DIST. HAILAKANDI ASSAM PIN 78163 13: ABDUR RAZAK BARBHUIYA S/O MASHAID ALI BARBHUIYA R/O VILL. VICHINGCHA PT II P.O. VICHINGCHA DIST. HAILAKANDI ASSAM PIN 788151 14: ABDUL MUKIT CHOUDHURY S/O MAHMOD ALI CHOUDHURY R/O VILL. AND P.O. NIZ VERNERPUR DIST. HAILAKANDI ASSAM PIN 78161 15: BISWAJIT DAS S/O BROJEDNRA CH. DAS R/O VILL. BORBOND PT-III P.O. BALIURA DIST. HAILAKANDI ASSAM PIN 788155 16: ZAKIR HUSSAIN BARBHUIYA S/O HABIBUR RAHMAN BARBHUIYA R/O VILL. RONGPUR PT V P.O. RONGPUR SOUTH DIST. HAILAKANDI ASSAM PIN 788163 17: PARVIN SULTANA CHOUDHURY
Page No.# 4/7 W/O HABIBUR RAHMAN MAZUMDER R/O VILL TOWN WARD NO. 1(A) P.O. HAILAKANDI DIST. HAILAKANDI ASSAM. 18: HUMERA BEGUM MAZARBHUIYA WO AKLIM UDDIN LASKAR R/O VILL. VICHINGCHA PT-II P.O. VICHINGCHA P.S. HAILAKANDI DIST. HAILAKANDI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE SEC. GOVT. OF ASSAM, DEPTT. OF SCHOOL EDUCATION, DISPUR, GUWAHATI 781006 2:THE COMMISSIONER AND SECY. FINANCE DEPTT. GOVT.
OF ASSAM DISPUR GHY 06 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY 781019 4:THE DIST. ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN 78815 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE DEPTT. Page No.# 5/7 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
06-03-2026
1. The present review petition, seeks a re-agitation of issues which stood concluded by common order dated 07.03.2025 passed in WP(C) 6169/2024 and another writ petition. 2. The principal contention arises is that this Court, while dismissing the petition, proceeded on the footing that the petitioners had claimed arrears of salary for the period prior to the regularisation of their service, whereas according to them, the relief was confined to grant of seniority, timescale and annual increments for the past service rendered prior to the regularisation. At the outset, it is necessary to note that the scope of review jurisdiction is very limited. 3. A review is not an appeal in disguise. It lies only for correction of errors apparent on the face of the record, and not for reconsideration of matters already on record. Re-appreciation of the merits or re-appreciation of the reliefs originally claimed falls outside the purview of the review. 4. In the case in hand, even if the contention of the petitioners is accepted that their original prayer did not expressly seek arrears of salary, the core issue remains unaltered. The claim for seniority, timescale and annual increment for the period prior to regularisation is intrinsically founded upon recognition of such past service as qualifying service. Page No.# 6/7
5. This Court, while dismissing the petition, has already recorded a categorical finding that the order of regularization provides that the benefits shall be granted only from date of their regularization. 6. The order of regularization clearly negates any claim of pre- regularization service. The factual backdrop further fortifies this conclusion. 7. It is not in dispute that the initial appointments of the petitioners were found to be doubtful and not genuine, and only upon a long legal process coupled with the findings of Manoharan Committee, where their services were ultimately regularized, with the condition that they shall not be entitled for salaries for past services. 8. The regularization in such circumstances essentially negates the other benefit claim in this petition, such as, timescale and annual increment including seniority etc. 9. The order of regularization itself is prospective to permit the petitioners to claim seniority or financial progression based on a period of service which is not recognized in the regularisation order, and therefore, the core issue has been decided in the order dated 07.03.2025 passed in WP(C) No. 6064/2024 (supra). 10.
The distinction now sought to be drawn between arrears of salary and service benefit is, in the present context, without any real difference. 11. Grant of seniority, timescale, increments for the pre-regularization period would run contrary to the very basis of the regularization as well as the basis on which the writ petition was dismissed. Page No.# 7/7
12. Accordingly, it is of the opinion of this Court that no error apparent on the face of the record has been demonstrated in the aforesaid
order. The grievance projected by the petitioners is essentially one of dissatisfaction with the reasoning and conclusion of this Court, which cannot be ground for review.
13. Accordingly, the review petition stands dismissed.
14. No order as to cost.
JUDGE Comparing Assistant