A court may exercise its power of review upon the discovery of new, material evidence that was unavailable despite due diligence, if such evidence establishes that an appointment met constitutional selection standards, thereby demonstrating a legal entitlement to remuneration that would have altered the previous decision.

ORDER :

KARDAK ETE, J.

Heard Mr. S. D. Purkayastha, learned counsel for the petitioners. Also heard Ms. Tinlung, learned counsel appearing on behalf of Mr. R. M. Das, learned counsel for the respondent No. 1; Mr. C. Sharma, learned counsel for the respondent Nos. 2 & 3; and Mr. P. N. Sharma, learned counsel for the respondent No. 9. None appears for the respondent Nos. 4 to 8 despite service of notice.

2. This is an application praying for review of the order dated 02.08.2023, passed in WP(C) No. 1335/2018, by which the writ petition has been dismissed on the ground that no direction could be issued for payment of salary to the petitioners, as their appointments were not made by following the due process of selection in terms of Articles 14 & 16 of the Constitution of India.

3 Briefly put, the case of the petitioners is that the Inspector of Schools, Dima Hasao, Haflong vide order dated 28.08.2013 appointed the petitioner Nos. 1 and 4 temporarily as Graduate Assistant Teachers from the date of their joining in the Scale of Pay of Rs. 5,200/- to Rs. 20,200/- under Pay Band-2 with Grade Pay of Rs. 3,300/- per month with other allowances as admissible under the Rules and posted them at Public English High School, Harangajao and Tuolpui High School, respectively, on regular basis against the vacant posts. Similarly, petitioner Nos. 2 & 3 were appointed by the Inspector of Schools, Dima Hasao, Haflong on 28.08.2013 temporarily as Assistant Teachers in the Intermediate Scale of Pay of Rs. 5,200/- to Rs. 20,200/- under Pay Band-2 with Grade Pay of Rs. 2,500/- per month with other allowances as admissible under the Rules and posted them at Kharthong M.E. School, Harangajao and Tlangsang M.E. School, Harangajao, respectively, against the vacant sanctioned posts. The petitioner No. 5 was appointed temporarily as a Grade-IV staff at Thakur M.E. School on regular basis from the date of his joining in the Scale of Pay of Rs. 1,660/- to Rs. 15,000/- under Pay Band-1 with Grade Pay of Rs. 1,500/- per month against the vacant sanctioned post vide and order dated 28.08.2013. All the appointments were made on the basis of the discussion held on 09.05.2007 in the Office Chamber of the Chief Executive Member of the then N.C. Hills Autonomous Council, Haflong now known as Dima Hasao.

4. It is the contention of the petitioners that despite their appointments and joining, they did not receive any salary. Being aggrieved, they have filed the writ petition on 05.03.2018, being WP(C) No. 1335/2018, praying, inter alia, for a direction to the respondents to release their salaries from the date of their respective joining and to regularize their services granting all such service benefits. The petitioners had relied upon their representation dated 08.12.2016 submitted before the Chief Executive Member, N.C. Hills Autonomous Council, Haflong, Dima Hasao, the letter of the Principal Secretary, N.C. Hills Autonomous Council, Haflong dated 06.01.2017 written to the Inspector of Schools, Dima Hasao, Haflong, and the Resolution No. 15 of the Executive Committee meeting of the N.C. Hills Autonomous Council held on 08.03.2017 pertaining to non-payment of the salaries of the petitioners, wherein the Executive Committee of the N.C. Hills Autonomous Council, Haflong resolved that the Principal Secretary shall take necessary action in consultation with the Additional Director of Education (Hills) and the Inspector of Schools by removing the difficulties and obstacles for payment of their salaries. It was