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2017 Supreme(Gau) 329

ACHINTYA MALLA BUJOR BARUA
All Assam Higher Secondary Teachers and Employees Association represented by its General Secretary, Syed Anisur Rahman – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Respondent: Mr. A. Deka, SC, Mr. R. Borpujari, SC

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 i




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