IMPORTANT POINT
The court ruled that a Cabinet decision cannot be superseded by a review meeting chaired by the Chief Minister without following constitutional procedures.

JUDGMENT :

Heard Mr. S. Alim, learned counsel for the petitioners and also heard Mr. N.J. Khataniar, learned Standing Counsel, Secondary Education Department, appearing for the respondents.

2. The issue to be answered by this Court in this petition under Article 226 of the Constitution of India, is whether a decision taken by a State Cabinet can be cancelled or superseded by a review meeting headed by Chief Minister.

3. The background facts leading to filing of the present petition, is adumbrated herein below:-

“The petitioners herein, are contractual employees engaged under Rashtriya Madhyamik Shiksha Abhiyaan (RMSA), Assam, as non-teaching staff of Model Schools (Adarsha Vidyalayas) against fixed pay. Thereafter, the respondent authorities, under the Orders of Governor of Assam, dated 28.10.2021 under No.PMA(S) 09/2017/463, pursuant to a Cabinet decision taken in the meeting of Council of Ministers held on 24.09.2021, for effective administrative control and monitoring of „Adarsha Vidyalayas? functioning as on date under Samagra Siksha, Assam, notified constitution of Adarsha Vidyalaya Sangathan, Assam, for operationalization and management of Adarsha Vidyalayas, which will act as an autonomous body, under the Secondary Education Department, Government of Assam and will be a registered society and one Model School shall be established in each Legislative Assembly Constinuency and also decided to pay the salaries of the teaching and non-teaching staff of Adarsha Vidyalayas as per ROP except daily wage worker, introduction of Hostel facilities for teachers and non-teaching staff. Thereafter, on 26.04.2022, the State respondent i.e. the Secretary to the Government of Assam, Secondary Education Department has issued another Notification to grant the ROP based salary and other entitlements to all teaching and non-teaching staff (except daily wage workers) of operationalized Adarsha Vidyalayas of Assam pursuant to the Notification dated 28.10.2021 w.e.f. 01.04.2022. Accordingly, the State respondents have extended the benefit of ROP based pay to the teaching staff. But, subsequently, by another Notification, issued by the Managing Director, Adarsha Vidyalaya Sangathan, Assam, dated 30.01.2023, in pursuance of the decision taken in the review meeting of the Adarsha Vidyalaya Sangathan, Assam, held on 15.10.2022, chaired by the Hon’ble Chief Minister of Assam, it has been notified that all the existing incumbents drawing fixed pay in functional Adarsha Vidyalayas of Assam, shall henceforth be entitled for 3% annual increment and thereby the ROP based salary for non-teaching staff of Adarsha Vidyalayas could not be implemented, as their inception into service was based on fixed pay basis.”

4. Being aggrieved, the petitioners approached this Court by filing the present petition for issuing a direction to the respondent authorities to pay ROP based salaries to the petitioners as contained in the Notification dated 28.10.2021 w.e.f. 01.04.2022 and also to grant CPF, CL, EL, ML, and CCL, etc.

5. The respondent authorities have filed affidavit-in-opposition and stated that the contractual engagement of the petitioners have been extended from time to time on need basis, on execution of contract agreement and salaries of the non-teaching staff were enhanced by 20% pursuant to the Government Notification dated 16.08.2017 and that to the teaching staff ROP based salary has been provided vide Notification dated 05.10.2020 and the ROP based salary could not be extended to the non-teaching staff as their entry into service, was based on fixed pay basis. However, an enhancement of 3% annual increment for the non-teaching staffs is granted vide Notification dated 30.01.2023.

6. The respondent No.5 has filed one additional affidavit on 27.05.2024 and it is stated that after issuance of Notification dated 28.10.2021 pursuant to the Cabinet decision, a subsequent review meeting was held under the chairmanship of Hon’ble Chief Minister on 15.10.2022, wherein