GAHC010016952015 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3937/2015 MD. ABDUL JALIL S/O- MD. WAZUDDIN MUNCHI, ASSTT. TEACHER ARABIC, F.A. AHMED HIGH SCHOOL, NAITOR, SONAPUR, KAMRUP, ASSAM.

VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY COMMISSIONER OF SECONDARY EDUCATION, SECONDARY DEPTT., DISPUR, GUWAHATI, KAMRUP- 6.

2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI KAMRUP- 19.

3:THE INSPECTOR OF SCHOOLS KAMRUP DIST. CIRCLE.

4:THE TREASURY OFFICER KAMRUP.

5:FAKURUDDIN ALI AHMED HIGH SCHOOL P.O.- NAGARBERA DIST.- KAMRUP ASSAM REP. BY THE HEAD MASTER Advocate for the Petitioner :-Mr. M. Dutta.

Advocate for the respondents :-Mr. N.J. Khataniar, For (R-1 to3)

:- Mr. A. Chaliha, (R-5)

Date of Hearing :- 27.03.2025. Date of Judgment & Order :- 22.04.2025 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN J JUDGEMENT & ORDER (CAV)

Heard Mr. M. Dutta, learned counsel for the petitioner and Mr. N.J.

Khataniar, learned standing counsel for respondent No.1 to 3 and Mr. A. Chaliha, for respondent No.5. None appears for respondent No.4.

2. In this petition, under Article 226 of the Constitution of India, the petitioner namely, Abdul Jalil, has prayed for issuing direction to the respondent authorities to grant him graduate scale of pay from the date of amalgamation of M.E. Madrassa, Naitor Sonapur with F.A. Ahmed High School, Naitor Sonapur and also to set aside the order dated 16.12.2014 passed by the Secretary to the Government of Assam, Education (Secondary) Department and to set aside the O.M. No. ASE 58/2010/53, dated 18.11.2011.

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

“The petitioner was initially appointed as Assistant Teacher (Arabic) in the Andabhanga M.E. Madrassa in Barpeta District on 12.03.1977, and the said Madrassa was at that point of time was venture institution. It was provincialised with the service of the petitioner. Thereafter, the petitioner was transferred to C.A.I. M.E. Madrassa in the year 1997 and thereafter he was transferred to Ghilabari M.E. Madrassa. Thereafter, he was again transferred from Ghilabari M.E. Madrassa to the Naitor, Sonapur M.E. Madrassa by the District Education Officer, Kamrup on 30.03.2001. Accordingly, he joined on 30.03.2001. Despite having good academic record the petitioner has completed Master Degree in Arabic in the year 1988. Then in the years 27.11.2006, by an order of Director of Elementary Education, Assam, the Naitor, Sonapur M.E. Madrassa was amalgamated with the Fakaruddin Ali Ahmed High School, Nagarbera (respondent No. 5) and pursuant to such an amalgamation, the petitioner and other teachers of Sonapur M.E. Madrassa was absorbed in the amalgamated High School and an amalgamated seniority list was prepared. Thereafter, on 26.12.2006, the Inspector of Schools, Kamrup, vide Order bearing memo No. PI/Amal/2005/01/1209-07 issued to the Head Master of respondent No.5 school, directed that the qualified staffs of the M.E. Madrassa serving against duly sanctioned post stood absorbed in the High School without prejudice to the up gradation of scale of pay of teachers working in intermediate scale of pay. The amalgamated seniority list was prepared wherein the name of the petitioner was figured at Sl. No. 10 as Assistant Teacher with qualification M.A. In the amalgamated High School one Jabed Ali was working as Asstt. Teacher (Arabic) and he was placed at Sl.No.5 of the seniority list. Said Jabed Ali retired on 30.03.2011 on attaining superannuation. Then the said post fell vacant. Thereafter, the petitioner wrote a letter to the Inspector of Schools, Kamrup district circle for up gradation of his scale of pay from intermediate scale to graduate scale. But, the letter was rejected on the ground of having no provision.

Thereafter, the petitioner had preferred one Writ Petition being WP(C) No. 1642/2014 which was disposed of vide order dated 06.08.2014 directing the respond