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GAHC010045272017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6375/2017 BISWAJIT DEY and 52 ORS.
S/O LATE BHUPATI KUMAR DEY, SI OF SCHOOLS UNDER DI OF SCHOOLS, SILCHAR, CACHAR, R/O MOHENDRA NIBAS, NUTANPATTY, PO- SILCHAR, PS- SILCHAR, DIST. CACHAR, ASSAM, PIN-788001
2: SRI PRABIN CH RABHA S/O DANDESWAR RABHA SI OF SCHOOLS RANGIA UNDER DI OF SCHOOLS RANGIA R/O VILL- DUDHNOI THEKASU PO and PS DUDNOI DIST. GOALPARA ASSAM PIN- 783124
3: SRI MANUJ KUMAR KAIRI S/O RAMAKANTA KAIRI SI OF SCHOOLS UNDER DI OF SCHOOLS SILCHAR CACHAR R/O VILL-PUTHIKHAL PO- ATHAROTILLA PS- DHOLAI DIST. CACHAR ASSAM PIN-788115
4: SRI MADHAB SAHA S/O LATE RANJIT SAHA SI OF SCHOOLS UNDER DI OF SCHOOLS KARIMGANJ R/O VILL and PO- PATHARKANDI PS- PATHARKANDI DIST. KARIMGANJ ASSAM PIN-788724
5: SRI TAPAN PRAJAPATI S/O LATE KESHAB LAL PRAJAPATI SI OF SCHOOLS UNDER DI OF SCHOOLS SILCHAR CACHAR R/O BANIKUNTHA DAS LANE ATALBASTI DASPARA PO- SILCHAR MEDICAL COLLEGE PS- GHUNGUR DIST. CACHAR ASSAM PIN-788115
6: SRI AJOY KUMAR CHOWHAN S/O ARJUN PRASAD CHOWHAN SI OF SCHOOLS UNDER DI OF SCHOOLS SILCHAR CACHAR R/O VILL 16 NO BASTRI PO- KABUGANJ PS-DHOLAI DIST. CACHAR ASSAM PIN-788121
7: MRS. JAYANTI PAUL W/O SRI BHASKAR SENAPATI SI OF SCHOOLS UNDER DI OF SCHOOLS SILCHAR CACHAR R/O ITKHOLA GANDHINAGAR ROAD PO- SILCHAR PS- MALUGRAM DIST. CACHAR ASSAM PIN-788002
8: MRS. LALAWMPUI TUILOR W/O HAOTINLIEN LHOUVUM SI OF SCHOOLS UNDER DI OF SCHOOLS SILCHAR CACHAR R/O PWD-III COLONY PO- HAFLONG DIST. DIMA HASAON ASSAM PIN- 788819
9: SRI PETER CHOUDHURY S/O LATE SATYENDRA MOHAN CHOUDHURY SI OF SCHOOLS UNDER DI OF SCHOOLS TEZPUR R/O MANIK NAGAR PO- NIKAMUL SATRA PS- TEZPUR DIST. SONITPUR PIN-784001
10: SRI RABI CHANDRA SEAL S/O SRI MEGHNATH SEAL SI OF SCHOOLS UNDER DI OF SCHOOLS TEZPUR R/O WARD NO. 1 NANDHI PARA SAPATGRAM DIST. DHUBRI ASSAM PIN-783337
11: MRS. NANDINI MUKHERJEE W/O SANATANU SUTRADHAR SI OF SCHOOLS UNDER DI OF SCHOOL KARIMGANJ R/O DISHARI LANE MEHERPUR NEAR CO-OPERATIVE PS- RANGIRKHARI DIST. CACHAR ASSAM PIN- 788015
12: SRI PRANAB KUMAR BORA S/O NADURAM BORA SI OF SCHOOLS HOJAI UNDER DI OF SCHOOLS HOJAI KATHIATOLI PS- KAMPUR DIST. NAGAON ASSAM PIN- 782427
13: MRS. MARAMI MAHATOO KURMI LATE MANMOHAN KURMI SI OF SCHOOLS UNDER DI OF SCHOOLS SONITPUR R/O VILL and PO- KEHERU KHANDA DIST. SONITPUR PS- DHEKIAJULI ASSAM PIN- 784110
14: SRI MANISH THAKUR S/O UMAPATI THAKUR SI OF SCHOOLS UNDER DI OF SCHOOLS TEZPUR R/O VILL- SECONEE BORHOLA PO- JAKHALABANDHA DIST. NAGAON PIN- 782136
15: SRI RUBY BHARATY ROLL NO. 726
16: SRI UDAY BHASKAR SARKAR ROLL NO. 371
17: SRI BOZLUL BASIT SARKAR ROLL NO. 1590
18: SRI DIGANTA PATHAK ROLL NO. 1964
19: SRI JINNA ALOM ROLL NO. 376
20: SRI SARMARENDRA SAHARIA ROLL NO. 1090
21: SRI MADHAB PATGIRI ROLL NO. 195
22: SRI PABITRA TAMULI ROLL NO. 2082
23: RAJENDRA KALITA ROLL NO. 749
24: RABINDRA KR. PATHAK ROLL NO. 425
25: SAMIUL HAQUE SARKAR ROLL NO. 604
26: SITESWAR NATH ROLL NO. 1265
27: LACHIT BASUMATARY ROLL NO. 1387
28: SMT. RITA RABHA ROLL NO. 302
29: BINOD MORANGH ROLL NO. 692
30: NISHIPAD DAS ROLL NO. 147
31: DEBASISH SINGHA ROLL NO. 2166
32: HONEY CHAMUAH NATH ROLL NO. 2053
33: BIDYUT GOGOI ROLL NO. 108
34: SMT. UTPOLA GOGOI ROLL NO. 1862
35: SMT. RUBI MONI NATH ROLL NO. 1191
36: KISHORE KR. RAJBONGSHI ROLL NO. 904
37: AJAY KR. CHETRY ROLL NO. 2155
38: SMT. RINTI DIHINGIA ROLL NO. 1645
39: SMT. NILAKSHI RAJKUMARI ROLL NO. 2025
40: MIZANUR RAHMAN BHUYAN ROLL NO. 50
41: MONOJ KR. PHUKAN ROLL NO. 1071
42: SMT. GEETA DEVI ROLL NO. 1142
43: TANKESWAR GOGOI ROLL NO. 303
44: SMT. RAKHI SAHU ROLL NO. 2231
45: SMT. MANJU DEVI ROLL NO. 1070
46: LISABELA W. MOMIN ROLL NO. 132
47: ROMESH RAMCHIARY ROLL NO. 1890
48: AMAR SING BRAHMA ROLL NO. 890
49: BANAMALI PEGU ROLL NO. 635
50: HIRA DOELY ROLL NO. 755
51: PRATIVA KURMI ROLL NO. 1105
52: PREMA NATH DOLEY ROLL NO. 2154 COMMON ADDRESS OF CORRESOPENDENCE OF PETITIONERS NO. 16 TO
53 C/O SRI PRABIN CH. RABHA SI OF SCHOOLS RANGIA UNDER DI OF SCHOOLS RANGIA R/O VILL- DUDHNOI THEKASU PO and PS DUDNOI DIST. GOALPARA ASSAM PIN-78312 VERSUS THE STATE OF ASSAM and 24 ORS.
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GUWAHATI, ASSAM, PIN-
781006
2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-781019
3:THE COMMISSIONER and SECRETARY TO THE GOVT OF ASSAM DEPTT. OF FINANCE DISPUR GUWAHATI ASSAM PIN-781006
4:THE DEPUTY INSPECTOR OF SCHOOLS RANGIA
5:THE DEPUTY INSPECTOR OF SCHOOLS SILCHAR
6:THE DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ
7:THE DEPUTY INSPECTOR OF SCHOOLS MANGALDAI
8:THE DEPUTY INSPECTOR OF SCHOOLS DHUBRI
9:THE DEPUTY INSPECTOR OF SCHOOLS TEZPUR
10:THE DEPUTY INSPECTOR OF SCHOOLS BISWANATH CHARIALI
11:THE DEPUTY INSPECTOR OF SCHOOLS LAKHIMPUR
12:THE DEPUTY INSPECTOR OF SCHOOLS DIBRUGARH
13:THE DEPUTY INSPECTOR OF SCHOOLS TINSUKIA
14:THE DEPUTY INSPECTOR OF SCHOOLS SIVASAGAR
15:THE DEPUTY INSPECTOR OF SCHOOLS NAGAON
16:THE DEPUTY INSPECTOR OF SCHOOLS MORIGAON
17:THE DEPUTY INSPECTOR OF SCHOOLS GUWAHATI
18:THE DEPUTY INSPECTOR OF SCHOOLS GOALPARA
19:THE DEPUTY INSPECTOR OF SCHOOLS BONGAIGAON
20:THE DEPUTY INSPECTOR OF SCHOOLS BARPETA
21:THE DEPUTY INSPECTOR OF SCHOOLS NALBARI
22:THE DEPUTY INSPECTOR OF SCHOOLS HOJAI
23:THE DEPUTY INSPECTOR OF SCHOOLS BILASIPARA
24:THE DEPUTY INSPECTOR OF SCHOOLS KOKRAJHAR
25:THE DEPUTY INSPECTOR OF SCHOOLS UDALGUR Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : SC, BTADC BEFORE HONOURABLE MR. JUSTICE NELSON SAILO
['A K DUTTA', '', 'S SUTRADHAR', 'B PURKAYASTHA', 'SC', 'BTADC', '', 'ELEMENTARY EDUCATION', 'FINANCE']
ORDER
22.09.2022 Heard Mr. B. Purkayastha, learned counsel for the petitioners. Also heard Mr. R. Borpujari, learned Standing Counsel, Finance Department and Mr. P.N.
Sarma, learned Standing Counsel, Elementary Education Department.
2. Mr. B. Purkayastha submits that the petitioners before this Court are Sub- Inspectors of Schools with a grievance that their pay has been wrongly fixed under the Revision of Pay Rules, 2017.
3. The synopsis in the writ petition highlights the grievances of the petitioners and therefore is abstracted as hereunder -
“As per the provisions of the ROP, 2010 the post of SI of Schools has been granted the Grade Pay of Rs.3300/- in Pay Band-2 of Rs.5200/ to 20,200/-. Accordingly the petitioners who have been appointed as SI of Schools by the DEE, Assam on 23.02.2011 have been placed in the fitment table No.13 (Annexurte-4) of the ROP, 2010 and they have been granted the annual increment every year as per ROP, 2010. Accordingly all of them have climbed up/reached a certain level in the fitment table No.13 of the ROP, 2010 till 31.03.2016.
th The 7 Assam Pay and Productivity Pay Commission has submitted its report on 18.11.2016 (Annexure-5) wherein in Clause 1.6(g) of Chapter 14, the Commission has recommended that the post of SI of Schools ought to have been placed in the Grade Pay of Rs.4200/- in Pay Band-3 of Rs.8000/- to Rs.35,000/- in the ROP, 2010. The Govt. of Assam has duly accepted the above recommendation of the Commission and accordingly in the Schedule of the ROP, 2017 the post of the SI of Schools has been placed in the Grade Pay of Rs.9100/- in Pay Band-3 of Rs.22,000/- to Rs.87,000/- (Annexure-7B). The Clause 1(i) of Notification dated
17.03.2017 (Annexure-7A) issued by the Finance (PRU) Department on th the basis of the Recommendations of the 7 Pay Commission clearly provides the mode and manner of doing fixation of pay of the employees in the revised pay structure as appended in the ROP, 2017 in case where both the Grade Pay and pay Band of such an employee is upgraded to the next higher level than the existing corresponding level.
As per the provisions of the ROP, 2017 the employees who have been granted the Grade Pay of Rs.9100/- corresponding to the Pay Band of Rs.22,000/- to Rs.87,000/- their salary is required to be revised by placing them in the appropriate stage in the fitment table No.1.14 (Annexure-
6C).
In the instant case the DDOs i.e. the DI of Schools concerned (Respondent No.4 to 25 hereof) are required to fix the salary of the petitioners w.e.f. 01.04.2016 by giving them the opportunity to switch over to the fitment table No.1.14 of ROP, 2017 from the earlier fitment table No.13 of the ROP, 2010 and their salary is required to be calculated by placing them in the appropriate stage in the fitment table No.1.14 corresponding to the stage up to which they had already climbed up in the fitment table No.13 till 31.03.2016. But the DDOs concerned absolutely on a wrong footing have done the fixation of the salary of the petitioners (Annexure-8A & 8B) which is not as per the provisions of the Notification dated 17.03.2017 and the mandates of the ROP, 2017.
The petitioners being subjected to such discrimination and financial loss every month are approaching this Hon'ble Court praying for a direction to the State Respondents to re-fix their salary w.e.f. 01.04.2016 as per the provisions of the Notification dated 17.03.2017 and the Schedule appended to the ROP, 2017 and by placing them in appropriate stage in the fitment table No.1.14 of ROP, 2017 corresponding to the equivalent stage they had already climbed up in the fitment table No.13 of ROP, 2010 and for a further direction to pay the arrear and current salary of the petitioners after causing correct fixation of their salary. Hence this writ petition.”
4. Having regard to the nature of the grievance projected by the petitioners, this Court is of the view that the Court is not equipped with the expertise to examine the technicalities of th
