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2024 Supreme(Gau) 892

VIJAY BISHNOI, KARDAK ETE
In-service TET Qualified Elementary Teachers’ Association, Karimganj, Represented by its President, Imdadur Rahman – Appellant
Versus
State of Assam, Represented by the Commissioner & Secretary to the Government of Assam, Education (Elementary) Department – Respondent


Advocates Appeared:
For the Petitioners: Mr. A.M.S. Mazumder, Mr. H. Das and Mr. D. Baruah.
For the Respondents: Mr. R. Mazumdar, Standing Counsel, Mr. B. Gogoi, Standing Counsel.

JUDGMENT :

Vijay Bishnoi, C.J.

Heard Mr. A.M.S. Mazumder, learned counsel for the petitioners in WP(C) No.6189/2018 and Mr. H. Das, learned counsel for the petitioners in WP(C) No.2763/2019. Also heard Mr. R. Mazumdar, learned Standing Counsel, Education (Elementary) Department and Mr. B. Gogoi, learned Standing Counsel, Finance Department, appearing for the respective respondents.

2. In both these writ petitions, the petitioners have challenged the validity of the Notification dated 02.07.2018 issued by the Secretary to the Government of Assam, Finance (PRU) Department, whereby the Government of Assam has accepted certain recommendations of the Anomaly Committee and took a decision to revise the Allowances/Pay Scales of certain category of employees of different Departments. The petitioners have also challenged the Notification dated 04.08.2018 issued by the Secretary to the Government of Assam, Finance (PRU) Department, in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, whereby certain amendments had been made in the Schedule to the Assam Services (Revision of Pay) Rules, 2017 under the Head of “Education Department” below the Sub-Head “Assam

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