JUDGMENT :

(ROBIN PHUKAN, J.)

Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Ms. H. Terangpi, learned standing counsel, Secondary Education Department, appearing for respondent Nos.1—3 and Ms. P.R. Mahanta, learned standing counsel, Higher Education Department, appearing for respondent Nos.4 and 5.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Anwar Hussain has challenged the correctness or otherwise of the letter dated 15.11.2022, issued by the respondent No.2, whereby the petitioner was denied the benefit of pay protection of his earlier post of Lecturer in Sibsagar College, in the post of District Elementary Education Officer (DEEO) and also to provide him consequential benefit of pension and other retiral benefits.

3. The background facts leading to filing of the present writ petition is briefly stated as under:-

“The petitioner was serving as Lecturer of Philosophy in Sibsagar College against a valid sanctioned post and he was receiving UGC scale of pay. Pursuant to an advertisement dated 25.12.1989 for filling up of posts of 8 nos. of Inspector of Schools/Deputy Directors/District Elementary Education Officer, the