THE GAUHATI HIGH COURT AT GUWAHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR. ROBIN PHUKAN, J
Md. Ohiduz Zaman – Appellant
Versus
The State of Assam – Respondent
JUDGMENT AND ORDER (ORAL)
Heard Mr. S.K. Das, learned counsel for the petitioner and also heard Mr. D. Upamanyu, learned standing counsel, Higher Education Department, appearing for the respondents.
2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 08.02.2017, passed by the Commissioner and Secretary, Education (Higher) Department (Annexure-XIII) and also prayed for issuing direction to the respondent authorities to fix UGC scale of pay with effect from the date of his regularization i.e. 12.11.1993 instead of August, 2009 at Anandaram Dhekial Phookan College, Nagaon, with all benefits of UGC pay scales with arrear pay retrospectively.
Background Facts:-
3. The background facts, leading to filing of the present writ petition are briefly stated as under:-
“The petitioner, namely, Md. Ohiduz Zaman was appointed as Lecturer in Anandaram Dhekial Phukan College, Nagaon (A.D.P. College for short), in the department of Hindi in the year 1985. Due to non- regularization of his service by the respondent authorities he preferred one writ petition, being Civil Rule No.304/1988 and pursuant to the order being passed in the aforementio
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