ORDER

Date : 29-03-2022 Heard Mr. B. Purkayastha, learned counsel for the petitioners. Also heard Mr. R. Mazumdar, learned standing counsel for Secondary Education Department, representing the respondent nos. 1, 2, 3, 7 and 8, Mr. B. Gogoi, learned standing counsel for the Finance Department, representing the respondent no. 5 as well as Mr. I. Alom, learned standing counsel for the NCTE. None appears on call for the respondent no. 4, i.e. the Headmaster, Dr. B.C. Roy Memorial School, Silchar.

2) The case of the petitioners is that they are all trained graduate teachers of R.K.M.E. School, Rongpur in the district of Cachar. The said school has been amalgamated by the Government with Dr. B.C. Roy Memorial Academy, Silchar (respondent no.4) vide order dated 03.08.2017 issued by the Commissioner and Secretary to the Govt. of Assam, Secondary Education Department (respondent no.1). As per the said order, the petitioners, who were Assistant Teachers, were given grade-pay of 8,700/-. Subsequently, on 02.07.2018, a notification was issued by the Government of Assam, Finance (Pay Research Unit) Department, in connection with the “Resolution on the report of the Anomaly Committee” whereby for the category of schools like ME/MV/Senior Basic School (UP School), in respect of post of “Trained Graduate Teacher”, the grade-pay was fixed at Rs.8,700/- and in respect of the post of “Untrained Graduate Teacher including trained Under Graduate Teacher and Untrained Under Graduate Teacher”, the grade-pay was fixed at Rs.6,800/- and the Government had accepted the said recommendation of the Pay Anomaly Committee and upheld the date of effect as 01.04.2016. Thereafter, in exercise of power under proviso to Article 309 of the Constitution of India, vide notification dated 04.08.2018 (Annexure-7), an amendment was made to the Schedule to the Assam Services (ROP) Rules, 2017. The amendment was as hereinbefore mentioned, i.e. (i) for the “Trained Graduate Teacher”, the grade- pay was fixed at Rs.8,700/-, in respect of Arts, Science, Commerce graduates; and (ii) in respect of the post of “Untrained Graduate Teacher including trained Under Graduate Teacher and Untrained Under Graduate Teacher”, the grade-pay was fixed at Rs.6,800/-. Accordingly, the petitioners were given their respective salary on the basis of their grade pay of Rs.6,800/-. Thus, the aggrieved petitioners have filed this writ petition under Article 226 of the Constitution of India.

3) The learned counsel for the petitioners has submitted that all the three petitioners were graduates in various disciplines from Universities recognized by the UGC, viz., Manipur University, Krishna Kanta Handiqui State Open University, and Assam University and that while two petitioners had acquired their respective B.El.Ed. Diploma through Open Distance Learning programmes conducted by State Council of Educational Research and Training, Assam, the third petitioner had got her Diploma from the Krishna Kanta Handiqui State Open University. It has also been submitted that all the petitioners had also undergone their requisite training and therefore, the petitioners were qualified to be in the category of “Trained Graduate Teacher”

and were entitled to grade-pay of Rs.8,700/- instead of Rs.6,800/-.

4) The learned standing counsel for Finance Department, Secondary Department and the NCTE have submitted that the petitioners have not pleaded the date when they were appointed in service. However, as per the documents filed by the petitioners, they had appeared in their respective Three Year Degree examinations of the years 1998, 2014 and 2002 respectively, and that their graduation degrees/ college certificates were issued on 15.07.2019, 25.02.2016 and 02.08.2002 respectively. Therefore, it has been submitted that the petitioners had entered into service with lower qualification of Class-XII pass (i.e. HSSLC qualification) and subsequently upgraded their educational qualification. It has been submitted that a teache