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2025 Supreme(Gau) 743
THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANASH RANJAN PATHAK, J.
Charu Kalita, D/o. Late Nagendra Kalita And Ors. – Petitioners
Versus
The State Of Assam, Represented By The Commissioner And Secretary, Elementary Education, Department And Ors. – Respondents
Review. Pet. No.86 Of 2023, WP(C) No.6596 Of 2022
Decided On : 26-06-2025
For the Petitioner: Mr. S Chauhan, Mr. P. Mazumder, M. Boruah
For the Respondent: SC, Elem. Edu, SC, Finance
Review of salary fixation mandates adherence to established rules, ensuring corrections of financial discrepancies caused by earlier miscalculations.
Headnote:(A) Assam Services (Revision of Pay) Rules, 1990 - Provision for re-fixation of pay scale for government servants appointed after 01.01.1989 - Review petitioners claimed entitlement for pay re-fixation which was not considered, leading to financial loss. Court directed individual representation for re-fixation and established necessary steps for verification and determination of pay entitlement. (Paras 4, 12, 14, 20)
Facts of the case:
The petitioners, appointed as LDA cum Typist from 1989, argued their pay was wrongly fixed below the stipulated amount under the Assam Services (Revision of Pay) Rules, 1990 and sought correction through representation.
Findings of Court:
The court acknowledged the need for re-evaluation of the pay scales, directing necessary follow-up actions for proper determination of the corrected scales per entitlement as per 1990 Rules.
Issues: The court addressed the need for correction of pay fixation and the appropriateness of the directed representations to various educational authorities.
Ratio Decidendi: The court found the original directions insufficient and ordered a modification to ensure proper and timely consideration of the pay scale adjustments.
Result: Review petition allowed; previous order set aside and writ petition restored.
| Table of Content |
|---|
| 1. entitlement to pay scale revision (Para 2 , 3 , 4 , 9 , 10 , 11 , 12) |
| 2. court's directions for pay scale verification (Para 5) |
| 3. necessary parties in the review (Para 6 , 7 , 8) |
| 4. authority's obligation to verify and determine pay based on new submissions. (Para 13) |
| 5. review petition allowed; previous order recalled (Para 14 , 15 , 16) |
ORDER :
(MANASH RANJAN PATHAK, J.)
Heard Mr. S Chauhan, learned counsel for the review petitioners and Ms. S Konwar, learned Standing counsel, Department of School Education, Assam for the respondent Nos. 1, 3 & 4.
2. Earlier the present review petitioners filed the connected writ petition, WP(C) No. 6596/2022, praying amongst others, for a direction to the respondents therein to re-fix their pay scale and to provide them with financial benefits since all of them entered into service after 01.01.1989, after the Assam Services (Revision of Pay) Rules, 1990 came into force.
3. In said WP(C) No. 6596/2022, the petitioners stated that petitioner Nos. 1, 2 & 5 were appointed as LDA cum Typist by order dated 16.02.1989 and they joined their services on 17.02.1989 in the District of Darrang. The petitioner Nos. 4 & 6 joined service on 21.06.1989 and all of them joined on or after 01.01.1989 but before publication of the Assam Services (Revision of Pay) Rules, 1990 that came into force w.e.f. 01.01.1989, which was published on 11.12.1990.
4. According to the petitioners, provisions of Rule 11 (2) of said ROP Rules, 1990 provides that – a Government servant who entered into service on or after 01.01.1989 but before publication of said ROP Rules, 1990 he is brought over to the revised scale w.e.f. a date, subsequent to the date of his/her appointment and as such, all the petitioners are entitled for re-fixation of revised scale of pay w.e.f. from the date of their joining and with the date of their next increment.
5. While disposing of said WP(C) No. 6596/2022 of the petitioners, by order dated 27.01.2023, the Court observed as follows –
2. For proper adjudication of this case, the Director of Education, BTC as well as the District Elementary Education Officer, Udalguri are impleaded as party respondent Nos. 5 & 6 in the present proceeding.
3 to 8. ………………………………………………………….
9. According to the petitioners, as per the provisions of said 1990 Rules of the State Government, the scale of pay of such LDA cum Typist was fixed at Rs. 1165 per month, but inadvertently their scale of pay was fixed at Rs. 1065 per month, instead of Rs. 1165/- per month.
10. Being aggrieved, they submitted representations before the Director of Elementary Education, Assam as well as before the District Elementary Education Officer, Darrang, Mangaldai, i.e., their joining authority.
11. After due verification, the District Elementary Education Officer, Darrang, Mangaldai vide communication No. DEA-150/2016/3069 dated 09.10.2018 forwarded the representations of the petitioners for re-fixation of their pay scale w.e.f. 01.01.1999 in terms of said 1990 Rules.
12. As the respondents herein till date did not consider their case for re-fixation of their salaries as per their entitlement and as provided in the said 1990 Rules, it is stated by them that they have suffered irreparable financial loss as they are paid lesser amount of salary compared to their counterparts who served as LDA cum Typist in their respective offices at the relevant point of time.
13. Petitioners are directed to submit fresh representations individually, before the Director of Education, BTC for redressal of their grievances regarding wrong fixation of their salaries at Rs. 1065/- per month w.e.f. 01.01.1989 instead of Rs. 1165/- per month as per the Assam Services (Revision of Pay) Rules, 1990, along with a certified copy of this order.
14. In the event of filing such representations by the petitioners individually as directed above, the Director of Education, BTC through the District Elementary Education Officer, Darrang, Mangaldoi and the District Elementary Edu
