All Assam Higher Secondary Teachers and Employees Association represented by its General Secretary, Syed Anisur Rahman v. State of Assam
2017-04-26
ACHINTYA MALLA BUJOR BARUA
body2017
DigiLaw.ai
JUDGMENT & ORDER : None appears for the petitioner when the matter is called upon. Heard Mr. R. Borpujari, learned Standing Counsel for the Finance Department and Mr. A. Deka, learned Standing Counsel for the Education Department. 2. By this writ petition, the petitioner seeks for setting aside paragraph-32 of the report of the Anomaly Committee 2010, wherein it has been provided that the Subject Teachers of Higher Secondary Schools would remain in the pay band-3 with Grade Pay of Rs.5100/-, without there being any up-gradation. By the order dated 10.04.2014, the learned Standing Counsel for the Education Department as well as the Finance Department was required to examine whether this case is covered by the judgment dated 21.08.2013 passed by this Court in WP(C) No.115/2012. 3. Both the learned counsel make a submission that in effect, the decision in this matter is covered by the decision of this Court in the judgment dated 21.08.2013 in WP(C) No.115/2012. In the said judgment dated 21.08.2013, this Court had inter-alia provided that “However, since the issue has financial implication and formal procedure will have to be followed, the nodal department i.e. the Education Department is directed to take note of the grievances of the petitioners and frame suitable proposal for consideration by the Finance Department to grant up-gradation to Pay Band-4. To facilitate the exercise, in addition to the pending representation, the petitioners will furnish this order and fresh representation through their association to the Commissioner and Secretary to the Education (Secondary) Department. Thereafter, the proposal will be considered on merit by the Finance Department. The requisite exercise should be made expeditiously and preferably within 6 months after receipt of intimation from the petitioners.” 4. But, however, when the matter had been taken up, Mr. R. Borpujari, learned Standing Counsel, Finance Department refers to an order dated 15.02.2017 passed by this Court in WP(C) No.3132/2014 and other writ petitions. Having perused the said order, it is seen that the said writ petitions also involve the question as to whether the teachers in the Higher Secondary Schools are entitled to be in the pay band-3 or pay band-4. Accordingly, after discussing the facts of that case, this Court observed that the said issue had lead to filing of WP(C) No.115/2012 and WP(C) No.217/2012, whereby the matter was remanded back to the Commissioner and Secretary to the Government of Assam for reconsideration.
Accordingly, after discussing the facts of that case, this Court observed that the said issue had lead to filing of WP(C) No.115/2012 and WP(C) No.217/2012, whereby the matter was remanded back to the Commissioner and Secretary to the Government of Assam for reconsideration. It had also been held in the said order that on remand, the Commissioner and Secretary to the Government of Assam in the Secondary Education Department had passed an order dated 08.04.2012 by taking a view that the case for payment of a higher pay scale to the Subject Teachers of Government Higher Secondary Schools be placed before the next Pay Commission as may be constituted by the State Government. By considering the aforesaid dated 08.04.2012, this Court had passed the aforesaid order by providing that as a Pay Anomaly Committee would be constituted by the State Government to examine the grievances of various categories of State Government Employees, who are not satisfied with the recommendations of the Seventh Assam Pay Commission, the Court was of the view that as and when the Pay Anomaly Committee would be constituted, the parent department being the Secondary Education Department of the Government of Assam shall forward the grievances of the petitioners therein before the Pay Anomaly Committee for its due consideration. It was also provided that if necessary, the Pay Anomaly Committee may provide personal hearing to the petitioners also. 5. In view of such direction of this Court in its order dated 15.02.2017 in WP(C) No.3132/2014 and other writ petitions and the subject matter in the said writ petitions being same as that of the present writ petition in hand, this Court is also of the view that this present writ petition be also disposed of by a similar direction. 6. Accordingly, this writ petition is also disposed of with a direction that the respondent in the Secondary Education Department shall refer the grievances of the petitioners as regards their claim for a pay scale in the pay band-4 instead of pay band-3 to the Pay Anomaly Committee that would be constituted by the State Government for examining the grievances of different categories of State Government Employees, who are not satisfied with the recommendation of the Seventh Assam Pay Commission.
In other words, the case of the petitioner for a higher pay scale as raised in this writ petition be also referred to the said Pay Anomaly Committee to be constituted for the purpose of the Seventh Assam Pay Commission. In terms of the above, the writ petition stands disposed of.