Page No.# 1/45 GAHC010058362017 2026:GAU-AS:9326 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7914/2017 DILIP KARMAKAR and 25 ORS. ASSTT TEACHER, DHRUBAJYOTI L.P. SCHOOL, CHARIDEO SONARI SUBDIVISION, BLOCK- SONARI SEPON, DIST- SIVSAGAR, ASSAM. 2: RANJIT HAZARIKA ASSTT TEACHER 870 NO BHAZONI L.P. SCHOOL NAZIRA-SUB-DIVISION BLOCK KHELUA DIST.- SIVSAGAR ASSAM. 3: MRS. RENU BEGUM ASSTT TEACHER MAIBELA MOSZUR L.P. SCHOOL NAZIRA-SUB-DIVISION BLOCK- NAZIRA DIST.- SIVSAGAR ASSAM. 4: MRS. PUSPA BHUYAN DUTTA ASSTT TEACHER 870 NO BHAZANI L.P. SCHOOL NAZIRA-SUB-DIVISION BLOCK-KHELUA DIST.- SIVSAGAR ASSAM. 5: MRS. LABANYA BORGOHAIN ASSTT TEACHER SHYAMOL JYOTI L.P. SCHOOL CHARIDEO SONARI SUB-DIVISION BLOCK- KHELUA Page No.# 2/45 DIST. SIVSAGAR ASSAM. 6: MD. PRINCH SAIKIA ASSTT. TEACHER 52 NO MATHURAPUR GANGOLE L.P. SCHOOL CHARAIDEO SONARI SUB-DIVISION BLOCK-KHELUA DIST. SIVASAGAR ASSAM. 7: RATUL BORGOHAIN ASSTT TEACHER RUPJYOTI L.P. SCHOOL CHARAIDEO-SONARI SUB-DIVISION BLOCK SONARI SEPON DIST. SIVASAGAR ASSAM. 8: SMTI. HEUWALI BORUAH ASSTT TEACHER. 945 NO. RANGAPATHAR L.P. SCHOOL CHARAIDEO-SONARI SUB-DIVISION BLOCK SONARI SEPON DIST. SIVASAGAR ASSAM. 9: MRS. MINU BEGUM ASSTT TEACHER. 91 NO. NAMTICHARIALI L.P. SCHOOL NAZIRA-SUB-DIVISION BLOCK-NAZIRA DIST. SIVASAGAR ASSAM. 10: MRS. PADMA BORGOHAIN DOIMARI ASSTT TEACHER 468 NO. TIOKHABI L.P. SCHOOL CHARAIDEO-SONARI SUB-DIVISION BLOCK SAPEKHATI DIST- SIVASAGAR ASSAM. 11: RAJ KUMAR SAH ASSTT TEACHER. SONARI HINDI L.P. SCHOOL CHARAIDEO SONARI SUB-DIVISION DIST- SIVASAGAR Page No.# 3/45 ASSAM. 12: MRS. KAMALA SUKLA BAIDY ASSTT TEACHER. SONARI ADERSH L.P. SCHOOL CHARAIDEO SONARI SUB-DIVISION DIST. SIVASAGAR ASSAM. 13: MRS. PREMODA NAYOK ASSTT TEACHER. TOWKOK BAGICHA L.P. SCHOOL CHARAIDEO-SONARI SUB-DIVISION BLOCK- SONARI SEPON DIST- SIVASAGAR ASSAM. 14: MRS. SIMA BEGUM ASSTT TEACHER. TOWKOK BAGICHA L.P. SCHOOL CHARAIDEO-SONARI SUB-DIVISION BLOCK-SONARI SEPON DIST- SIVASAGAR ASSAM. 15: SMTI. RAHANA AHMED ASSTT TEACHER. TOWKOK BAGICHA L.P. SCHOOL CHARAIDEO-SONARI SUB-DIVISION BLOCK-SONARI SEPON DIST. SIVASAGAR ASSAM. 16: MRS. MAMONI MECH ASSTT TEACHER. SANTIPUR L.P. SCHOOL CHARAIDEO SONARI SUB-DIVISION UNDER 1 NO. SONARI SADAR L.P.C. DIST. SIVASAGAR ASSAM. 17: MRS. MONJU MALI ASSTT TEACHER. JYOTIPRASAD L.P. SCHOOL CHARAIDEO-SONARI SUB-DIVISION UNDER 2 NO. SONARI SADAR L.P.C. DIST.- SIVASAGAR ASSAM. 18: PORESH TASSA Page No.# 4/45 ASSTT TEACHER. JOYA L.P. SCHOOL CHARAIDEO SONARI SUB-DIVISION UNDER 1 NO. SONARI SADAR L.P. DIST- SIVASAGAR ASSAM. 19: TILESWAR DARIG ASSTT TEACHER SUNAPUR MAMAL L.P. SCHOOL CHARAIDEO SONARI SUB-DIVISION BLOCK-SONARI SEPON DIST.- SIVASAGAR ASSAM. 20: MD. ABDUL ROFIK ASSTT TEACHER. MATHURAPUR AMGURI L.P.SCHOOL CHARAIDEO SONARI SUB-DIVISION BLOCK-KHELUA DIST- SIVASAGAR ASSAM. 21: MRS. BONTI GOHAIN ASSTT TEACHER. 309 NO. BHOJOL L.P. SCHOOL CHARAIDEO-SONARI SUB-DIVISION DIST. SIVASAGAR ASSAM. 22: MRS. PRITI REKHA MOHAN ASSTT TEACHER. JOYA L.P. SCHOOL SONARI CHARAIDEO SONARI SUB-DIVISION DIST. SIVASAGAR ASSAM. 23: MRS. PARUL GOGOI ASSTT TEACHER. BANFERA BAGICHA L.P. SCHOOL CARAIDEO SONARI SUB-DIVISION BLOCK-SONARI SEPON DIST.- SIVASAGAR ASSAM. 24: PHULAMANI DIGHINGIA ASSTT TEACHER. CHINIHABI L.P. SCHOOL CHARAIDEO SONARI SUB-DIVISION Page No.# 5/45 BLOCK- SONARI SEPON DIST.- SIVASAGAR ASSAM. 25: MRS. PURABI PHUKAN ASSTT TEACHER. BORAHI GARDEN L.P. SCHOOL. CHARAIDEO SONARI SUB-DIVISION BLOCK- SONARI SEPON DIST.- SIVASAGAR ASSAM. 26: MRS. BOBY BURAGOHAIN ASSTT TEACHER NAPHUK BAGISHA L.P. SCHOOL. CHARAIDEO SONARI SUB-DIVISION BLOCK- SONARI SEPON DIST. SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM and 6 ORS. REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE SECRETARY FINANCE EC III DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-781006 ASSAM. 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DIST. ELEMENTARY EDUCATION OFFICER SIVASAGAR P.O. P.S. AND DIST.- SIVASAGAR ASSAM Page No.# 6/45 PIN-785640. 5:THE DEPUTY INSPECTOR OF SCHOOLS NAZIRA SUB-DIVISION P.O. SIVASAGAR DIST.- SIVASAGAR ASSAM. 6:THE DY. INSPECTOR OF SCHOOLS CHARAIDEO-SONARI SUB-DIVISION P.O. SONARI DIST.- SIVASAGAR ASSAM PIN-785690. 7:THE DEPUTY COMMISSIONER SIVASAGAR DISTRICT SIVASAGAR ASSAM PIN-785640 Advocate for the Petitioner : MR.S F CHISTIE, MD.M U AHMED Advocate for the Respondent : SC, EDUCATION, SC, FINANCE,GA, ASSAM Linked Case : WP(C)/4626/2017 KRISHNA NEWAR and 16 ORS. ASSISTANT TEACHER MOHANGAON RAJAPUKHURI L.P. SCHOOL BLOCK SONARI SEPON CHARAIDEO SONARI SUB DIVISION DIST. SIVASAGAR ASSAM 2: MISS SAHIDA BANU ASSISTANT TEACHER DHRUBAJYOTI L.P. SCHOOL BLOCK SONARI SEPON CHARAIDEO SONARI SUB DIVISION DIST. SIVASAGAR ASSAM 3: SMTI SARIFA BEGUM Page No.# 7/45 ASSISTANT TEACHER DHRUBAJYOTI L.P. SCHOOL BLOCK SONARI SEPON CHARAIDEO SONARI SUB-DIVISION DIST. SIVASAGAR ASSAM 4: SRI UTTAM GUPTA ASSISTANT TEACHER 576 NO MOHANGAON L.P. SCHOOL BLOCK SONARI SEPON CHARAIDEO SONARI SUB-DIVISION DIST. SIVASAGAR ASSAM 5: MRS. SANTANA GOGOI ASSISTANT TEACHER 944 NO. LIGIRIBARI L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 6: SMTI RUMA DEVI ASSISTANT TEACHER 753 NO. KOLIAMATI L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 7: SMTI BHANU GOGOI ASSISTANT TEACHER PATHARMURI L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIAVASGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 8: SMTI DIBYA RAJKUMARI ASSISTANT TEACHER 339 NO. CHARIMUTHIYA L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 9: SRI HIRANYA SONOWAL ASSISTANT TEACHER 751 NO. HOLLOW PHUKON L.P. SCHOOL BLOCK SIVASAGAR KHELUA Page No.# 8/45 SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 10: SRI JAYANANDA SARMA ASSISTANT TEACHER 246 NNO. DHAMDHULI L.P. SCHOOL BLOCK-SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 11: SRI SRIBATSHYA SAIKIA ASSISTANT TEACHER PATHARMURI L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 12: MRIDUL CHETIA ASSISTANT TEACHER CHULADHARA L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 13: SMTI DIPTI BORGOHAIN ASSISTANT TEACHER 689 NO. GORIA PATHAR L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 14: SMTI. MANASHI RAJKUMARI ASSISTANT TEACHER 1000 NO. KHANIKAR PUKHURI L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 15: SMTI. MONJU PHUKON ASSISTANT TEACHER MATHURAPUR Page No.# 9/45 AMGURI L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB- DIVISION DIST. SIVASAGAR ASSAM 16: SRI HARANATH GOGOI ASSISTANT TEACHER 689 NO. GORIA PATHAR L.P. SCHOOL BLOCK SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM 17: MD. TAFIJUR RAHMAN ASSISTANT TEACHER DIGHALI SHYAM L.P. SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST. SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM and 13 ORS. REP. BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPTT. DISPUR GUWAHATI-781006 2:THE SECRETARY FINANCE EC III DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-781006 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-1 4:THE DEPUTY COMMISSIONER SIVASAGAR DISTRICT ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR PO SIVASAGAR DIST. SIVASAGAR Page No.# 10/45 ASSAM 6:THE DEPUTY INSPECTOR OF SCHOOLS CHARAIDEO SONARI PO-SONARI DIST. SIVASAGAR ASSAM 7:THE DEUPTY INSPECTOR OF SCHOOLS SIVASAGAR PO-SIVASAGAR DIST. SIVASAGAR ASSAM 8:THE DEPUTY INSPECTOR OF SCHOOLS SAPEKHATI PO-SIVASAGAR DIST. SIVASAGAR ASSAM 9:THE BLOCK ELEMENTARY EDUCATION OFFICER SIVASAGAR KHELUA SIVASAGAR SUB DIVISION PO-SIVASAGAR DIST. SIVASAGAR ASSAM 10:THE BLOCK ELEMENTARY EDUCAITON OFFICER SONARI BLOCK SEPON CHARIDEO SONARI SUB DIVISION PO SONARI DIST. SIVASAGAR ASSAM 11:THE BLOCK ELEMENTARY EDUCATION OFFICER SAPEKHATI CHARAIDEO SONARI SUB-DIVISION PO-SONARI DIST. SIVASAGAR ASSAM 12:THE TREASURY OFFICER CHARAIDEO SONARI PO-SONARI DIST. SIVASAGAR ASSAM Page No.# 11/45 13:THE TREASURY OFFICER CHARAIDEO SONARI PO SONARI DIST. SIVASAGAR ASSAM 14:THE TREASURY OFFICER CHARAIDEO SONARI PO-SONARI DIST. SIVASAGAR ASSAM ------------ Advocate for : MR.S F CHISTIE Advocate for : SC FINANCE appearing for THE STATE OF ASSAM and 13 ORS. Linked Case : WP(C)/4781/2017 PANKHI GOSWAMI and 21 ORS. ASSISTANT TEACHER 146 NO. POTIA GAON LP SCHOOL BLOCK SIBSAGARKHELUA SIVASAGAR SUB- DIVISION DIST- SIVASAGAR ASSAM 2: RINA KONWAR ASSISTANT TEACHER 676 NO. SUMONI GAON LP SCHOOL BLOCK SIBSAGAR KHELUA SIBSAGAR SUB-DIVISION DIST- SIVASAGAR ASSAM 3: PARISHMA KAKOTI ASSISTANT TEACHER 1007 NO. KHUMTAI GAON LP SCHOOL BLOCK SEPON CHARAIDEO SONARI SUB-DIVISION DIST- SIVASAGAR ASSAM 4: MOMIBALA PHUKAN ASSISTANT TEACHER 998 NO. KALAKATA MAJGAON L P SCHOOL BLOCK SAPEKHATI CHARAIDEOSONARI SUB-DIVISION Page No.# 12/45 DIST- CHARAIDEO ASSAM 5: GUNADA DOLEY ASSISTANT TEACHER 493 NO. BETENA MODEL LP SCHOOL BLOCK DEMOW SIVASAGAR SUB DIVISION DIST- SIVASAGAR ASSAM 6: RINKUMONI GOGOI ASSISTANT TEACHER 540 NO. DISHANG GOHAIN L P SCHOOL BLOCK DEMOW SIVASAGAR SUB DIVISION DIST- SIVASAGAR ASSAM 7: BHARATI BURAGOHAIN ASSISTANT TEACHER PASCHIM NAOJAN LP SCHOOL BLOCK DEMOW SIVASAGAR SUB DIVISION DIST- SIVASAGAR ASSAM 8: GIRI KANTA MILI ASSISTANT TEACHER 987 NO. DEMOW MUKH JANAJATI LP SCHOOL BLOCK DEMOW SIVASAGAR SUB-DIVISION DIST- SIVASAGAR ASSAM 9: DULUMONI DEORI ASSISTANT TEACHER KALIAPANI MAZDUR LP SCHOOL BLOCK DEMOW SIVASAGAR SUB-DIVISION DIST- SIVASAGAR ASSAM 10: KUSHAL BURAGOHAIN ASSISTANT TEACHER 220 NO. KAMALDOI SUKANPUKHURI LP SCHOOL BLOCK DEMOW SIVASAGAR SUB-DIVISION DIST- SIVASAGAR ASSAM 11: PAPORI HAZARIKA ASSISTANT TEACHER 552 NO. MANGALA MOUT LP SCHOOL Page No.# 13/45 BLOCK NAZIRA NAZIRA SUB-DIVISION DIST- SIVASAGAR ASSAM 12: SWAPNA SAIKIA ASSISTANT TEACHER 541 NO. BORSAYAK LP SCHOOL BLOCK NAZIRA NAZIRA SUB-DIVISION DIST- SIVASAGAR ASSAM 13: ALAKA HATIMURIA ASSISTANT TEACHER 283 NO. KALIAPANI L P SCHOOL BLOCK NAZIRA NAZIRA SUB-DIVISION DIST- SIBSAGAR ASSAM 14: BABITA BORGOHAIN ASSISTANT TEACHER KALIAPANI MAZDUR LP SCHOOL BLOCK NAZIRA NAZIRA SUB-DIVISION DIST- SIVASAGAR ASSAM 15: KANMAI HANDIQUEGOGOI ASSISTANT TEACHER 138 NO. SASHIMAI GOGOI LP SCHOOL BLOCK NAZIRA NAZIRA SUB-DIVISION DIST- SIVASAGAR ASSAM 16: MADHUSMRITY GOGOIBARUAH ASSISTANT TEACHER 138 NO. SASHIMAI GOGOI LP SCHOOL BLOCK NAZIRA NAZIRA SUB- DIVISION DIST- SIVASAGAR ASSAM 17: BHON KALITA ASSISTANT TEACHER RAJAPOOL LP SCHOOL Page No.# 14/45 BLOCK NAZIRA NAZIRA SUB-DIVISION DIST- SIVASAGAR ASSAM 18: URBASHI BHAGAWATI ASSISTANT TEACHER ATHKHEL BAGISHA LP SCHOOL BLOCK SIVASAGAR KHELUA SIVASAGAR SUB-DIVISION DIST- SIVASAGAR ASSAM 19: BASANTA NEOG ASSISTANT TEACHER JOGENDRA NATH BURAGOHAIN LP SCHOOL BLOCK NAZIRA NAZIRA SUB-DIVISION DIST- SIVASAGAR ASSAM 20: PURABI BORUAH ASSISTANT TEACHER DIPLING BAGISHA LP SCHOOL BLOCK SEPONSONARI CHARAIDEOSONARI SUB -DIVISION DIST- CHARAIDEO ASSAM 21: AMINA BEGUM ASSISTANT TEACHER 300 NO. ACHAL PATHAR LP SCHOOL BLOCK NAZIRA NAZIRA SUB-DIVISION DIST- SIVASAGAR ASSAM 22: BINUMAI CHETIA ASSISTANT TEACHER 277 NO. BARPATHAR LP SCHOOL BLOCK SEPONSONARI CHARAIDEOSONARI SUB-DIVISION DIST- CHARAIDEO ASSAM VERSUS THE STATE OF ASSAM and 15 ORS. REP. BY ITS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM Page No.# 15/45 EDUCATION DEPTT. DISPUR GUWAHATI- 781006 2:THE SECRETARY FINANCEEC-III DEPTT. GOVT OF ASSAM DISPUR GHY- 781006 ASSAM 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 1 4:THE DEPUTY COMMISSIONER SIVASAGAR DIST ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR P.O- SIVASAGAR DIST- SIVASAGAR ASSAM 6:THE DEPUTY INSPECTOR OF SCHOOLS CHARAIDEO SONARI P.O- SONARI DIST- SIVASAGAR ASSAM 7:THE DEPUTY INSPECTOR OF SCHOOLS SIVASAGAR P.O- SIVASAGAR DIST- SIVASAGAR ASSAM 8:THE DEPUTY INSPECTOR OF SCHOOLS NAZIRA P.O- NAZIRA DIST- SIVASAGAR ASSAM 9:THE BLOCK ELEMENTARY EDUCATION OFFICER SIVASAGARKHELUA SIVASAGAR SUB-DIVISION Page No.# 16/45 P.O- SIVASAGAR DIST- SIVASAGAR ASSAM 10:THE BLOCK ELEMENTARY EDUCATION OFFICER SONARI BLOCKSEPON CHARAIDEO SONARI SUB-DIVISION P.O- SONARI DIST- SIVASAGAR ASSAM 11:THE BLOCK ELEMENTARY EDUCATION OFFICER SAPEKHATI CHARAIDEO SONARI SUB-DIVISION P.O- SONARI DIST- SIVASAGAR ASSAM 12:THE BLOCK ELEMENTARY EDUCATION OFFICER DEMOW SIVASAGAR SUB-DIVISION P.O- SIVASAGAR DIST- SIVASAGAR ASSAM 13:THE BLOCK ELEMENTARY EDUCATION OFFICER NAZIRA CHARAIDEO SONARI SUB-DIVISION P.O- NAZIRA DIST- SIVASAGAR ASSAM 14:THE TREASURY OFFICER SONARI P.O- SONARI DIST- SIVASAGAR ASSAM 15:THE TREASURY OFFICER SIVASAGAR P.O- SIVASAGAR DIST- SIVASAGAR ASSAM 16:THE TREASURY OFFICER NAZIRA P.O- NAZIRA Page No.# 17/45 DIST- SIVASAGAR ASSAM ------------ Advocate for : MR.S F CHISTIE Advocate for : SC FINANCE appearing for THE STATE OF ASSAM and 15 ORS. Linked Case : WP(C)/4618/2017 RUPALI KONWER and 21 ORS. ASSISTANT TEACHER 573 NO. NAPHUK DOLOI L P SCHOOL BLOCK SONARISEPON CHARAIDEOSONARI SUB DIVISION DIST- SIVASAGAR ASSAM 2: BIMALA GOGOI ASSTT. TEACHER 1007 NO. KHUMTAI GAON L P SCHOOL BLOCK SEPONSONARICHARAIDEOSONARI SUB DIVISION DIST- SIVASAGAR ASSAM 3: DIPALI KONWER ASSTT. TEACHER 1007 NO. KHUMTAI GAON L P SCHOOL BLOCK SEPONSONARICHARAIDEOSONARI SUB DIVISION DIST- SIVASAGAR ASSAM 4: RUNU MILI ASSTT. TEACHER 1007 NO. KHUMTAI GAON L P SCHOOL BLOCK SEPONSONARICHARAIDEOSONARI SUB DIVISION DIST- SIVASAGAR ASSAM 5: NARJIARA BEGUM ASSTT. TEACHER SAFRAI BAGAN L P SCHOOL BLOCK SONARISEPON CHARAIDEOSONARI SUB DIVISION DIST- SIVASAGAR ASSAM 6: SAJNA BEGUM ASSTT. TEACHER Page No.# 18/45 MATHURAPUR BAGICHA L P SCHOOL BLOCK KHELUASIBSAGAR SIBSAGAR SUB DIVISION DIST- SIVASAGAR ASSAM 7: TILOK GOGOI ASSTT. TEACHER BALIBOR L P SCHOOLBLOCK DEMOW SIBSAGAR SIBSAGAR SUB-DIVISION DIST- SIBSAGAR ASSAM 8: MUAZIM AHMED ASSTT. TEACHER 913 NO KUSHIAMARI L P SCHOOL BLOCK DEMOW SIBSAGAR SIBSAGAR SUB DIVISION DIST- SIVASAGAR ASSAM 9: JONAKI KHETRAPHAL ASSTT. TEACHER JURIA MAZDUR L P SCHOOL BLOCK DEMOW. SIBSAGAR SIBSAGAR SUB DIVISION DIST- SIVASAGAR ASSAM 10: RUNUMI BORA ASSTT. TEACHER 424 NO. KAWAIMARI L P SCHOOL BLOCK NAZIRA NAZIRA SUB-DIVISION DIST- SIVASAGAR ASSAM 11: HAMIDA BEGUM ASSTT. TEACHER 354 NO. KALGAON L P SCHOOL BLOCK NAZIRA NAZIRA SUB DIVISION DIST- SIVASAGAR ASSAM 12: SORIFUL HUSSAIN ASSTT. TEACHER CHARAIDEO BAGAN L P SCHOOL BLOCK NAZIRA NAZIRA SUB-DIVISION Page No.# 19/45 DIST- SIVASAGAR ASSAM 13: DIPALI ARANDHARA ASSTT. TEACHER 92 NO. GORAKHIYA PUKHURI L P SCHOOL BLOCK NAZIRA NAZIRA SUB DIVISION DIST- SIVASAGAR ASSAM 14: JAYANTI DOIMARI ASSTT. TEACHER 93 NO. NAGAJAN L P SCHOOL BLOCK SAPEKHATI CHARAIDEOSONARI SUB DIVISION DIST- SIVASAGAR ASSAM 15: PADMA DEVI ASSTT. TEACHER 850 NO. MAZI BASTI L P SCHOOL BLOCK SAPEKHATI CHARAIDEOSONARI SUB DIVISION DIST- SIVASAGAR ASSAM 16: KHIRADA SONOWAL ASSTT. TEACHER 577 NO. KONWER GAON L P SCHOOL BLOCK SAPEKHATI CHARAIDEOSONARI SUB DIVISION DIST- SIVASAGAR ASSAM 17: ARPANA GOGOI ASSTT. TEACHER 476 NO. ROHAN BORTANI L P SCHOOL BLOCK SAPEKHATI CHARAIDEOSONARI SUB DIVISION DIST- SIVASAGAR ASSAM 18: RITA RAJKUMARI ASSTT. TEACHER TOM TOM TALA L P SCHOOL BLOCK NAZIRA SUB DIVISION DIST- SIVASAGAR Page No.# 20/45 ASSAM 19: YAKUB ALI ASSTT. TEACHER BANHGARH ADARSHA L P SCHOOL BLOCK SIVASAGARKHELUA SIVASAGAR SUB DIVISION DIST- SIVASAGAR ASSAM 20: SMRITI REKHA GOGOI ASSTT. TEACHER 386 NO. SILIKHAGURI L P SCHOOL BLOCK SIVASAGARKHELUA SIVASAGAR SUB DIVISION DIST- SIVASAGAR ASSAM 21: MONJU GOGOI ASSTT. TEACHER NAMATI SUNPURA L P SCHOOL BLOCK NAZIRA NAZIRA SUB DIVISION DIST- SIVASAGAR ASSAM 22: RIDIP GOGOI 688 NO. HATI PUKHURI L P SCHOOL BLOCK SAPEKHATI CHARAIDEO SONARI SUB DIVISION DIST- SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM and 15 ORS. REP. BY ITS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM EDUCATION ELEMENTARY DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM 2:THE SECRETARY FINANCEEC III DEPTT. GOVT OF ASSAM DISPUR GUWAHATI- 781006 ASSAM Page No.# 21/45 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 ASSAM 4:THE DEPUTY COMMISSIONER SIVASAGAR DISTRICT ASSAM PIN- 785640 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR P.O- SIVASAGAR DIST- SIVASAGAR ASSAM PIN- 785640 6:THE DEPUTY INSPECTOR OF SCHOOLS CHARAIDEO SONARI P.O- SONARI DIST- SIVASAGAR ASSAM 7:THE DEPUTY INSPECTOR OF SCHOOLS SIBASAGAR P.O- SIBASAGAR DIST- SIBASAGAR ASSAM 8:THE DEPUTY INSPECTOR OF SCHOOLS NAZIRA P.O- NAZIRA DIST- SIVASAGAR ASSAM 9:THE BLOCK ELEMENTARY EDUCATION OFFICER KHELUA SIVASAGAR SUB DIVISION P.O- SIVASAGAR DIST- SIVASAGAR ASSAM 10:THE BLOCK ELEMENTARY EDUCATION OFFICER CHARAIDEOSEPON Page No.# 22/45 CHARAIDEO SONARI SUB DIVISION P.O- SONARI DIST- SIVASAGAR ASSAM 11:THE BLOCK ELEMENTARY EDUCATION OFFICER NAZIRA NAZIRA SUB-DIVISIONP.O- NAZIRA DIST- SIVASAGAR ASSAM 12:THE BLOCK ELEMENTARY EDUCATION OFFICER DEMOW SIVASAGAR SUB DIVISION P.O- DEMOW DIST- SIVASAGAR ASSAM 13:THE BLOCK ELEMENTARY EDUCATION OFFICER SAPEKHATI CHARAIDEO SONARI SUB DIVISION P.O- SAPEKHATI DIST- SIVASAGAR ASSAM 14:THE TREASURY OFFICER CHARAIDEO SONARI P.O- SONARI DIST- SIVASAGAR ASSAM 15:THE TREASURY OFFICER NAZIRA P.O- NAZIRA DIST- SIVASAGAR ASSAM 16:THE TREASURY OFFICER SIVASAGAR P.O- SIVASAGAR DIST- SIVASAGAR ASSAM ------------ Advocate for : MD.M U AHMED Advocate for : MS.K PHUKANr-4 appearing for THE STATE OF ASSAM and 15 ORS. Page No.# 23/45 Linked Case : WP(C)/7004/2017 ATUL BORUAH and 26 ORS. ASSTT. TEACHER 492 NO LUKHURAKHAN L.P. SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHRAIDEO SONARI BLOCK SONARI SEPON DIST. CHARAIDEO ASSAM 2: MRS PUNYA BHORALI NAMONI SUNDARPUR L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST-CHARAIDEO ASSAM 3: MRS. MONJUMONI BHORALI 633 NO. KHUKAMORA L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM. 4: MRS. RITA PHUKAN 778 NO. KAKOOWANI L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM. 5: MRS PURNIMA GOGOI 277 NO. BORPATHER L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM. 6: MRS MOMI BEGUM 840 NO. DIGHOLIA THANPATHAR L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL Page No.# 24/45 CHARAIDEO SONARI BLOCK-SONARI (SEPON) DIST- CHARAIDEO ASSAM 7: MD. NOZIRUDDIN AHMED 840 NO. DIGHOLIA THANPATHAR L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM. 8: XXXXXXXXXXXXXXXXXXXXXXX AS PER THER ORDER DATED-20.12.2023 PETITIONER NO. 8 HAS BEEN STRUCK OFF. 9: MRS. PRONITA BORGOHAIN KHOOMTAIE HEUJEPUR L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM. 10: MR. LOLIT CHANGMAI 492 NO. LUKHURAKHAN L. UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM. 11: MR. BUDHESWAR GORH 633 NO. KHUKAMORA L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM. 12: XXXXXXXXXXXXXXXXXX AS PER ORDER DATED-20.12.2023 PETITIONER NO. 12 HAS BEEN STRUCK OFF. Page No.# 25/45 13: XXXXXXXXXXXXXXXXX AS PER ORDER DATED- 20.12.2023 PETITIONER NO. 13 HAS BEEN STRUCK OFF. 14: XXXXXXXXXXXXXXXXXX AS PER ORDER DATED- 20.12.2023 PETITIONER NO. 14 HAS BEEN STRUCK OFF. 15: MD. ROMISH ALI TARANIPATHER L.P SCHOOL UNDER DEPUTY INSPETOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST-CHARAIDEO ASSAM. 16: XXXXXXXXXXXXXXXXXXXXXXXXX AS PER THE ORDER DATED-20.12.2023 PETITIONER NO. 16 HAS BEEN STRUCK OFF. 17: MR. KHATRADHAR GOGOI 153 NO. JOJOLIHABI L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI ( SEPON) DIST- CHARAIDEO ASSAM. 18: MRS. MORJINA TANTI (KUMAR) KHOOMTAI BAGICHA L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI( SEPON) DIST- CHARAIDEO ASSAM. 19: MR. RAJEN PHUKAN 262 NO. BURAGOHAINBARI L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM. 20: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Page No.# 26/45 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXX AS PER ORDER DATED-20.12.2023 PETITIONER NO. 22 HAS BEEN STRUCK OFF. 21: MRS .LILA BURAGOHAIN HALOGURI NOVAJYOTI L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM 22: XXXXXXXXXX AS PER THE ORDER DATED-20.12.2023 PETITIONER NO. 22 HAS BEEN STRUCK OFF. 23: XXXXXXXXX AS PER THE ORDER DATED-20.12.2023 PETITIONER NO. 23 HAS BEEN STRUCK OFF. 24: XXXXXXXXX AS PER ORDER DATED-20.12.2023 PETITIONER NO. 24 HAS BEEN STRUCK OFF. 25: MR. ANANTA BORGOHAIN NALANIBAM L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL CHARAIDEO SONARI BLOCK- SONARI (SEPON) DIST- CHARAIDEO ASSAM. 26: SMTI PUHITA BORAH 31 NO. KUMARKATA L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL SIVSAGAR BLOCK- DEMOW DIST- SIVASAGAR ASSAM. 27: MRS. SUFIA BEGUM 807 NO. DA GAON L.P SCHOOL UNDER DEPUTY INSPECTOR OF SCHOOL SIVASAGAR BLOCK- NAZIRA DIST- SIVASAGAR Page No.# 27/45 ASSAM. VERSUS THE STATE OF ASSAM and 6 ORS. REP. BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION ELEMENTARY DEPARTMENT DISPUR GUWAHATI- 781006. ------------ Advocate for : MD.M U AHMED Advocate for : GA ASSAM appearing for THE STATE OF ASSAM and 6 ORS. Linked Case : WP(C)/7685/2017 XXXXXXXXX and 6 ORS. AS PER ORDER DATED 20.12.2023 PETITIONER NO. 1 HAS BEEN STRUCK OFF. 3: SMTI. APARAJITA BORUAH ASSISTANT TEACHER 192 NO. BORTOLA MOKTAB L.P. SCHOOL UNDER DY. INSPECTOR OF SCHOOLS NAZIRA SUB- DIVISION BLOCK- NAZIRA DIST. SIVASAGAR ASSAM 4: SRI JAYANTA NEOG ASSISTANT TEACHER BORTOLA L.P. SCHOOL UNDER DY. INSPECTOR OF SCHOOLS NAZIRA SUB- DIVISION BLOCK- NAZIRA DIST. SIVASAGAR ASSAM. 5: SMTI. PRASSANNA KUMARI PHUKON ASSISTANT TEACHER KALIAPANI L.P. SCHOOL UNDER DY. INSPECTOR OF SCHOOLS SIVASAGAR SUB-DIVISION BLOCK- DEMOW SIVASAGAR ASSAM Page No.# 28/45 6: SRI MUNIN DUTTA ASSISTANT TEACHER NA-HAT BONUA L.P. SCHOOL UNDER DY.INSPECTOR OF SCHOOLS SIVASAGAR SUB-DIVSION BLOCK - DEMOW DIST. SIVASAGAR ASSAM 7: SMTI. BICHITRA GOGOI ASSISTANT TEACHER 139 NO. BORDUBA L.P. SCHOOL UNDER DY. INSPECTOR OF SCHOOLS CHARAIDEO- SONARI SUB-DIVISION BLOCK- SEPON DIST. SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM and 7 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION ELEMENTARY DEPARTMENT DISPUR GUWAAHTI - 781006. 2:THE SECRETARY FINANE EC-III DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI - 781006 ASSAM 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI - 19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR P.O. P.S. and DIST. SIVASAGAR ASSAM PIN - 785640. Page No.# 29/45 5:THE DEPUTY INSPECTOR OF SCHOOLS SIVASAGAR SIVASAGAR SUB-DIVISION P.O. SIVASAGAR DIST. SIVASAGAR ASSAM PIN - 785640. 6:THE DEPUTY INSPECTOR OF SCHOOLS CHARAIDEO- SONARI SUB-DIVISION P.O. SONARI DIST. SIVASAGAR ASSAM 7:THE DEPUTY INSPECTOR OF SCHOOLS NAZIRA SUB-DIVISION P.O. NAZIRA DIST. SIVASAGAR ASSAM 8:THE DEPUTY COMMISSIONER SIVASAGAR DISTRICT SIVASAGAR ASSAM PIN - 785640 ------------ Advocate for : MR.S F CHISTIE Advocate for : SC FINANCE appearing for THE STATE OF ASSAM and 7 ORS. BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 23/06/2026 Heard Mr. M U Ahmed, learned counsel for the petitioners and Mr. B Kaushik, learned Standing counsel, Department of School Education, appearing for the respondents. Page No.# 30/45 2. The petitioners by way of instituting the present writ petition have prayed for a direction upon the respondent authorities to release to them the arrears of their salaries pending, w.e.f. March, 2012, as well as for a direction to release to them their current salaries. 3. As projected in the above noted writ petitions, the petitioners, herein, were appointed as Stipendiary Teachers by the District Elementary Education Officer, Sivasagar and the Deputy Inspector of Schools, Nazira and Charaideo Sub-Divisions, during the years 1994, 1995, 1996 and 1999. The appointments of the petitioners as Stipendiary Teachers is projected to be so done after a due selection was carried out in the matter. The petitioners categorically contend that their initial appointments are not irregular and/or illegal and were recruited after they were selected in a selection, held in pursuance to an advertisement issued for the purpose. The petitioners project that they were deputed to undergo the Basic Training Course and on completion of the said course, the petitioners were authorized their respective scales of pay. The petitioners contend that they were in receipt of their regular salaries till August, 2006. However, post August 2006, the payment of their regular salaries were stopped and the names of the petitioners came to be included in a list of excess teachers. The salaries of the petitioners were being, thereafter, released on annual retention basis. The petitioners project that in the year 2009, their names were so incorporated against supernumerary posts created for the purpose of releasing to the petitioners their due monthly salaries. As projected in the writ petitions, around 1528 nos. of supernumerary Page No.# 31/45 posts were created in the year 2009 and the petitioners contend that such posts were created for them only. The petitioners in the above noted writ petitions were in the above manner, being released their salaries till February, 2012. The petitioners have also projected that they being appointed after a due process of selection and being in continuous service, having completed their respective Basic Training Courses, the petitioners are at par with regular employees and accordingly, their salaries in arrears, w.e.f. March, 2012, was to be released to them. The petitioners in support of their case, had referred to the directions passed by a Co-ordinate Bench of this Court, vide order dated 08.08.2016 in WP(C) No. 3045/2012, judgment & order dated 10.02.2017 in WP(C) No. 1449/2014 and judgment & order dated 19.05.2017 in WP(C) No. 2712/2017, which are projected to have been instituted by persons similarly situated like the petitioners, herein. The salaries of the petitioners having remained in arrears in spite of repeated approaches made by the petitioners, the petitioners have instituted the above noted writ petitions, praying for the reliefs, as noticed hereinabove. 4. Mr. Ahmed, learned counsel for the petitioners, at the outset, has submitted that the case of the petitioners, herein, is squarely covered by the decision of the Co-ordinate Bench of this Court passed vide order dated 08.08.2016 in WP(C) No. 3045/2012, judgment & order dated 10.02.2017 in WP(C) No. 1449/2014 and judgment & order dated 19.05.2017 in WP(C) No. 2712/2017 and accordingly, the petitioners in the above noted writ petitions are also entitled for a direction to be authorized their respective salaries in arrears since March, 2012. Page No.# 32/45 4.1 Mr. Ahmed, learned counsel for the petitioners has submitted that the petitioners in the present writ petitions were all recruited in pursuance to a process of selection and were appointed against regular sanctioned vacant posts. He, however, submits that the respondents in the Education Department, with a view to provide protection to the illegally/irregularly appointed teachers, had denoted the petitioners to be excess appointees and accordingly, incorporated their names in a list of 1528 of irregular/illegal teachers and had created supernumerary posts for payment of salaries to them. 4.2 Mr. Ahmed, learned counsel for the petitioners submits that the petitioners, herein, being recruited in pursuance to a regular selection process initially as Stipendiary Teachers and thereafter, on completion of their Basic Training Course being appointed as Assistant Teachers, the authorization of the scale of pay of the petitioners on completion of their respective Basic Training Course, would go to indicate that the petitioners in the above noted writ petitions were all recruited by following the due process mandated in this connection. 4.3 Having made the said submissions, Mr. Ahmed, learned counsel for the petitioners, has referred to orders passed in respect of some of the petitioners in the above noted writ petitions engaging them as Teachers/Tutors with prospective effect, i.e., w.e.f. 01.11.2020 and also bringing them within the purview of the New Pension Scheme. 4.4 Mr. Ahmed, learned counsel for the petitioners submits that the said accommodation made in respect of such petitioners, involved in the above noted writ petitions would be of no consequence, inasmuch as, the same has the effect of wiping out the services rendered by each of such petitioners, w.e.f. the Page No.# 33/45 date of their respective initial appointments. He submits that the petitioners having been appointed as Assistant Teachers in continuance of their initial appointment as Stipendiary Teachers, after completing the Basic Training Course, the petitioners are required to be deemed to be in regular service, with effect from their respective dates of appointment as Stipendiary Teachers. 4.5 Mr. Ahmed, learned counsel for the petitioners has submitted that the subsequent accommodation of the petitioners as Teachers/Tutors was so made taking advantage of the position the petitioners had found themselves to be on account of non-receipt of salaries since March, 2012. Mr. Ahmed, submits that the said accommodation would also not be maintainable considering the bargaining power the petitioners had with the mighty state. 4.6 In this connection, Mr. Ahmed, learned counsel for the petitioners has referred to the following decisions of the Hon’ble Supreme Court in the cases of (i) Central Inland Water Transport Corporation Limited and Another Vs. Brojonath Ganguly and Another, reported in 1986 3 SCC 156 and (ii) Union of India and Others Vs. Bharat Enterprises, reported in 2023 SCC OnLine SC 369. 4.7 Mr. Ahmed, learned counsel for the petitioners, has further submitted that the respondent authorities in their pleadings, have only referred to the advertisement issued in the year 2012, with regard to the screening contemplated for determining the illegal and/or irregular teachers. Mr. Ahmed, has submitted that the petitioners had approached the authorities by way of submitting representations, requiring their exemption from the said screening process. However, the respondent authorities, vide a communication dated 20.02.2012, had rejected such prayer of the petitioners and required the petitioners to submit their applications in pursuance to the advertisement in Page No.# 34/45 question. He submits that the contention of the petitioners that they were forced to appear in the screening examination, accordingly, stands affirmed. 4.8 Mr. Ahmed, learned counsel for the petitioners has further referred to the Office Memorandum dated 15.11.2011, laying down the guidelines for functioning of the screening committee constituted for the purpose of screening the illegally/irregularly appointed teachers working in Lower Primary/Upper Primary Schools in the State. He submits that a perusal of the said guidelines would reveal that the same was for determining illegal as well as irregular teachers. However, the respondents in the advertisement, had stipulated that eligibility for applying against the said advertisement would be with regard to persons appointed during the period 1991 to 2001 in different Lower Primary/Upper Primary schools and working without break till date, but not getting their salaries since joining of getting the same intermittently. Accordingly, he submits that the advertisement was so issued invariance with the requirements laid down in the guidelines dated 15.11.2011. 4.9 Mr. Ahmed, learned counsel for the petitioners, has further by referring to an RTI reply dated 17.11.2008 submitted that the respondents had contended that no genuine teachers has been identified in Sivasagar Sub-Division. Secondly working teachers number is more than the budget allotment posts. Accordingly, he submits that without there being a determination of genuine and non-genuine teachers, the steps taken by the respondents in the matter is clearly impermissible. 4.10 In the above premises, Mr. Ahmed, submits that although, the petitioners have not assailed the subsequent accommodation orders passed in their respective cases in the present writ petitions, this Court would be pleased to Page No.# 35/45 mould the reliefs sought for in the writ petitions and direct the respondents to effect such accommodation with retrospective effect, w.e.f. the date each of the petitioners in the above noted writ petitions had cleared their respective Basic Training Courses and to release to the petitioners their salaries in arrears. 4.11 Mr. Ahmed, learned counsel for the petitioners further submits that as some of the petitioners had already retired and/or died-in-harness, the respondent authorities be also directed to reckon the period of services rendered by such petitioners with effect from their initial engagement as Stipendiary Teachers for the purpose of computing their pension and pensionary benefits, which is now required to be so computed by applying the provisions of the Assam Services (Pension) Rules, 1969. 5. Per contra, Mr. B Kaushik, learned Standing counsel, Department of School Education, has submitted that in pursuance to the directions passed by this Court with regard to the manner in which the services of illegal and/or irregular teachers are to be so considered, the Government had placed the matter before the Cabinet in its meeting held on 26.02.2011. Thereafter, in terms of the decisions arrived at in the matter, the Education Department had proposed to constitute a Screening Committee to examine the validity of the appointments of teachers, who are claiming regularization and salaries. Accordingly, an Office Memorandum dated 15.11.2011, was issued and a Screening Committee was constituted to examine the cases of irregularly/illegally appointed teachers, so as to arrive at a decision for their regularization and entitlement of salaries or otherwise. To facilitate the teachers, who are not in receipt of salaries for considerable periods of time and who have been projected to be either irregularly and/or illegally appointed, to have their cases considered by the said Page No.# 36/45 Screening Committee constituted vide the Office Memorandum dated 15.11.2011, the Director of Elementary Education, Assam had published advertisements in newspapers, inviting applications from such category of teachers appointed during the years 1991-2001. Such advertisements were issued in the news dailies in its issues dated 01.02.2012 and 04.02.2012. 5.1 Mr. Kaushik, learned Standing counsel, Department of School Education, submits that in pursuance to the said advertisements, along with other similarly situated persons, the petitioners, had also submitted their respective applications, along with the requisite particulars for having their cases placed before the Screening Committee. 5.2 Mr. Kaushik, learned Standing counsel, Department of School Education submits that the above noted writ petitions were only instituted in the year 2017. However, in the writ petitions, the petitioners have not challenged the process initiated vide the said advertisements dated 01.02.2012 and 04.02.2012, although, they were found to have subjected themselves to the said process. 5.3 Mr. Kaushik, learned Standing counsel, Department of School Education has further submitted that the petitioners in the above noted writ petitions have also not projected as to why the process as initiated vide advertisement dated 01.02.2012 and 04.02.2012, cannot be made applicable in their respective cases. 5.4 Mr. Kaushik, learned Standing counsel, Department of School Education submits that after the applications were scrutinized and the persons eligible for being placed before the Screening Committees shortlisted, the constituted Page No.# 37/45 Screening Committees had proceeded to examine the applications submitted in the matter and thereafter, the Screening Committees as constituted had segregated the teachers appearing before it into four categories. The broad categories into which the applicants were so incorporated are as follows:- “Category 1 - Recommended and working till date 136. Category 2 - Recommended but discontinued jobs - 250. Category 3 - Not recommended but working till date - 8470. Category 4 - Not recommended and discontinued jobs - 2900.” 5.5 Mr. Kaushik, learned Standing counsel, Department of School Education submits that on conclusion of the follow up proceedings involved and also on receipt of the approval, the Committee constituted for the purpose, had further prepared three lists. List-1 by including therein Teachers, who received salaries at some point of time and have JBT/D.El.Ed., qualification, List-2 included Teachers, who received salaries at some point of time, but did not have JBT/D.El.Ed. qualification and List-3 included Teachers, who neither received salaries nor qualified the training in JBT/D.El.Ed. 5.6 Basing on the Cabinet approval granted in the matter, the petitioners in the above noted writ petitions, who were included in List-1 came to be accommodated as Teachers against posts created for the purpose personal to them. The petitioners in the above noted writ petitions, who were included in List-2 came to be so accommodated against posts of Tutors as created personal to them. The petitioners in the above noted writ petitions, who were not included in either List-1 or List-2, were not extended with accommodation of their services as Teachers and/or Tutors. Page No.# 38/45 5.7 Mr. Kaushik, learned Standing counsel, Department of School Education, responding to the submissions made by Mr. Ahmed, learned counsel for the petitioners, with regard to the rejection of the applications submitted by the petitioners, seeking exemption from the proceedings instituted vide the advertisement dated 01.02.2012, has submitted that the prayer of the petitioners for exemption from the screening process having been rejected, they had not assailed the same before this Court in the present proceedings and/or in any other proceedings instituted by them. He further submits that the said aspect of the matter was also not disclosed in the writ petition. He submits that even the communication dated 20.02.2012, was not challenged, rather the petitioners have clearly suppressed their participation in the selection process, as well as the steps taken by them seeking exemption. 5.8 Mr. Kaushik, learned Standing counsel, Department of School Education, responding to the contentions raised by Mr. Ahmed, by referring to the RTI reply dated 17.11.2008, has submitted that it is specifically for the said reason that the respondent authorities had taken a decision to constitute a Screening Committee. The Screening Committee had, thereafter, examined the service particulars of each of the applicants and had, thereafter, segregated the applicants into the list involved. Accordingly, he submits that the exercise carried out by the Screening Committee is infact a determination of the genuineness of the appointment in respect of each of the applicants. 5.9 Mr. Kaushik, has further submitted that the petitioners, in the above noted writ petitions, who in pursuance to the process of screening carried out in the matter, were accommodated as Teachers and/or as Tutors, had all accepted their such accommodation with the conditions so stipulated therein, without any Page No.# 39/45 objection and were thereafter, continuing in their services. He reiterates that the stipulations as imposed for their such accommodation were also not assailed by such of the petitioners. 5.10 Accordingly, Mr. Kaushik, learned Standing counsel, Department of School Education, submits that the petitioners’ participation in the process initiated vide the advertisements dated 01.02.2012 and 04.02.2012 admittedly reflects that the initial appointment of the petitioners were either illegal and/or irregular. Accordingly, he submits that for the period of service rendered by the petitioners after March, 2012, till the accommodation made in respect of the Teachers, who were included either in List-1 and/or List-2, indicated hereinabove, would not mandate a consideration by this Court. 6. I have heard the learned counsel for the parties and also perused the materials available on record. 7. The prayer of the petitioners as well as the grounds, on which such prayer is being sought to be supported, has been noticed, hereinabove. 8. This Court, at the outset, would have to consider as to whether the petitioners were appointed by following the due procedure as laid down in the Rules holding the field. 9. As noticed hereinabove, the petitioners, in the above noted writ petitions, were appointed during the years 1994, 1995, 1996 and 1999. 10. It is projected by the petitioners that their appointments were in pursuance to a due process of selection. While such submissions have been advanced by the petitioners, it has not been brought on record that they were Page No.# 40/45 so appointed in pursuance to their selection for the posts involved. The select lists in question, have also not been placed on record. Further, the merit position obtained by the petitioners in their respective select lists, have also not been disclosed. Accordingly, the materials coming on record would go to reveal that the petitioners, herein, were so appointed in excess of the advertised posts. Accordingly, the appointments of the petitioners are to be held to be irregular/illegal. 11. The prayer of the petitioners in the present writ petitions is for release of their due salaries in arrears since March, 2012. The above noted writ petitions were instituted only in the year 2017. Before institution of the present writ petitions, an important development had taken place, insofar as, the services of the petitioners are so concerned. The Government in the Education Department, in pursuance to the directions passed by a Division Bench of this Court in WP(C) No. 1048/2004, had approached the Cabinet, with regard to regularization of irregularly/illegally appointed teachers in various Elementary Schools of the State. The Education Department, thereafter, proposed to constitute a Screening Committee, to examine the validity of the appointment of the teachers, who were identified to have been irregularly/illegally appointed. Accordingly, an Office Memorandum dated 15.11.2011, was issued constituting a Screening Committee, to examine the cases of such irregularly/illegally appointed teachers. In terms of the said Office Memorandum dated 15.11.2011, the Director of Elementary Education, Assam, issued advertisements dated 01.02.2012 and 04.02.2012, inviting applications from teachers, who have not been paid their respective salaries and who were projected to be irregularly/illegally appointed teachers. Page No.# 41/45 12. The petitioners, in pursuance to the issuance of the said advertisements, proceeded to approach the respondent authorities by way of submitting representations, praying for exempting their cases from the purview of the Screening Committee, as constituted vide Office Memorandum dated 15.11.2011. 13. The said representations submitted by the petitioners, on consideration, were rejected by the competent authority and the petitioners were required to submit their applications in pursuance to the advertisements dated 01.02.2012 and 04.02.2012. The prayer made by the petitioners for their exemption was so rejected vide a communication dated 20.02.2012. The petitioners, accordingly, submitted their applications in pursuance to the said advertisements dated 01.02.2012 and 04.02.2012. 14. It is during the pendency of the consideration of the cases of the petitioners by the constituted Screening Committees that the petitioners had instituted the present writ petition. 15. The petitioners, while instituting the present writ petitions, had not disclosed the fact that they had submitted their respective applications, in pursuance to the advertisements dated 01.02.2012 and 04.02.2012. The petitioners, in the above noted writ petitions, have also not made any averment to the effect that they were not to be held to be covered by the provisions of the Office Memorandum dated 15.11.2011. Further, there is no challenge presented to the Office Memorandum dated 15.11.2011 or to the advertisements issued in pursuance, thereof. The rejection of the prayer of the petitioners for exempting them from the screening process is also not under challenge. Page No.# 42/45 16. As the present matters were pending consideration before this Court, the Screening Committee as constituted, proceeded to consider the cases of all irregularly/illegally appointed teachers, including the petitioners in the above noted writ petitions. Thereafter, the matter was again placed before the State Cabinet. Thereafter, the Screening Committees constituted for the purpose had further prepared three lists – List-1 by including therein, Teachers, who received salaries at some point of time and have JBT/D.El.Ed. qualification; List-2 included Teachers, who received salaries at some point of time, but did not have JBT/D.El.Ed. qualification; and List-3 included Teachers, who neither received salaries nor qualified the training in JBT/D.El.Ed. Basing on the Cabinet approval granted in the matter, the petitioners in the above noted writ petitions, who were included in List-1 came to be accommodated as Teachers against posts created for the purpose personal to them. The petitioners in the above noted writ petitions, who were included in List-2 came to be so accommodated against posts of Tutors as created personal to them. The petitioners in the above noted writ petitions, who were not included in either List-1 or List-2, were not extended with the accommodation of their services as Teachers and/or Tutors. 17. The petitioners in the above noted writ petitions, who were placed in List- 1 & List-2 and thereafter, accommodated as Teachers and/or Tutors is found by this Court to have joined their respective services in terms of the accommodations made, by accepting the stipulations as made in their respective cases in the orders issued towards accommodating their respective services. 18. As disclosed by the respondents in their affidavit filed in the present writ petitions, the persons, who upon screening, were accommodated as Teachers/Tutors, were held to receive their salaries and/or fixed pay, w.e.f. Page No.# 43/45 01.11.2020, with a further stipulation that they would not be entitled to claim any benefits for the past services rendered by such persons, prior to 01.11.2020. Further, such of the petitioners were also placed in the New Pension Scheme, inasmuch as, the accommodation as effected in their cases, w.e.f. 01.11.2020, had the effect of effecting a fresh appointment in their cases. It is found that in the present writ petitions, the petitioners have not assailed the subsequent accommodations made in their respective cases by the respondent authorities and the petitioners are found to have been continuing to enjoy the benefits, as flowing from such accommodation extended to them after they were so screened for the purpose. 19. This Court finds that the petitioners having subjected themselves to the screening process, the petitioners have accepted the fact that their initial appointments were not so effected by following the due process as laid down in the Rules governing the recruitment to the post of Teachers in Upper Primary/Lower Primary Schools in the State. 20. Accordingly, this Court is of the considered view that the petitioners, having being accommodated in pursuance to a screening process, which was so initiated specifically for the purpose of considering the cases of irregularly/illegally appointed Teachers in the State, the same in the considered view of this Court would not mandate an interference. The petitioners having accepted the benefits as flowing to them on account of such accommodation, the same has to be construed to be also enjoyed, upon accepting the conditions as mentioned in such accommodation orders. Accordingly, this Court is of the further view that no further benefit than that extended to the petitioners in their respective orders of accommodation, would be mandated to be extended to the Page No.# 44/45 petitioners, herein. 21. Having drawn the said conclusions, this Court would now consider the decisions relied upon by the learned counsel for the petitioners passed by the Co-ordinate Benches of this Court. 22. This Court has carefully perused the decisions relied upon by the learned counsel for the petitioners and finds that the issue as involved in the present writ petitions of the petitioners, herein, being accommodated on a screening of their case was not raised, therein. The said writ petitions are found to have been so instituted proximate to the period when the petitioners, therein, had been denied their respective salaries. 23. In the present writ petitions, it is found that the fact that the petitioners, herein, were irregularly/illegally appointed, have been established after their cases were so considered by the Screening Committees, involved in the matter. Accordingly, considering the issue presently raised in the present writ petitions and the facts and circumstances coming on record in the matter, this Court is of the considered view that the decisions relied upon by the learned counsel for the petitioners would not advance the case of the petitioners, herein. 24. This Court has also considered the decisions of the Co-ordinate Benches of this Court relied upon by the learned counsel for the petitioners. On a consideration of the said decisions, this Court finds that the said decisions are clearly distinguishable, considering the further facts and circumstances involved in the above noted writ petitions. Accordingly, it is held that the said decisions also would not advance the case of the petitioners in the above noted writ petitions. Page No.# 45/45 25. In view of the above discussions, this Court finds that the petitioners in the above noted writ petitions, whose services have been accommodated subsequently, in pursuance of their placement in the List-1 and/or List-2, as prepared by the Screening Committees, approval of which was received from the Cabinet as Teachers and/or Tutors, would not mandate any interference and the petitioners would not be entitled to any further benefit other than what came to be extended to them on account of their such accommodation. The petitioners whose services have not been so accommodated, after the process of screening undertaken by the respondent authorities must be deemed to be illegally appointed teachers and they would not be entitled to any direction for release of their salaries. 26. In view of the above discussions, the above noted writ petitions are held to be devoid of any merit and accordingly, the same stands dismissed. However, there would be no order as to cost. JUDGE Comparing Assistant