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GAHC010119862023

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/221/2023

BIPUL DUTTA

S/O SRI MUKHESWAR DUTTA, VILL- BESGAON, P.O.- BARUA

BAMUNGAON, DIST.- GOLAGHAT, ASSAM.

VERSUS

THE STATE OF ASSAM AND 3 ORS. H

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, HIGHER (TECHNICAL) EDUCATION DEPARTMENT, DISPUR,

GUWAHATI- 06.

2:THE DIRECTOR OF TECHNICAL EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-19.

3:THE PRINCIPAL

THE PRINCE OF WALES INSTITUTE OF ENGINERRING AND TECHNOLOGY

JORHAT

P.O. AND DIST.-JORHAT

PIN-785001.

4:THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

FINANCE DEPTT.

GOVT. OF ASSAM

DISPUR

GUWAHATI- 06

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For the appellant : Mr. S. Borthakur, Sr. Advocate

Assisted by Mr. D. Gogoi,

Advocate

For the respondents : Mr. K. Gogoi & Mr. A.R. Tahbildar,

S.C., Higher Education

Department

– B E F O R E –

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

19-05-2026

(Ashutosh Kumar, C.J.)

We have heard Mr. S. Borthakur, learned Senior Advocate for the

appellant and Mr. K. Gogoi, learned Standing Counsel, Higher Education

Department for the respondents.

The grievance of the appellant is that he has been paid the All India

Council of Technical Education (AICTE) pay scale only from 2003 when

he was adjusted/appointed as a Lecturer in the Mechanical Engineering

at Bongaigaon Polytechnic in 2003. But the appellant demanded the

same pay scale from the date of his initial appointment in 1992 on the

post of Assistant Project Engineer.

The contention of Mr. S. Borthakur, learned Senior Advocate for the

appellant is that the Government of India had introduced a scheme

called Community Polytechnic Scheme under which various posts like

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Project Engineers and Assistant Project Engineers were created in Assam

Polytechnics. It is contended that the post of Assistant Project Engineer

was treated as equivalent to a Lecturer in terms of qualifications and

responsibilities.

The appellant was appointed as Assistant Project Engineer in the

year 1992 through the Assam Public Service Commission. Later, when the

post of Assistant Project Engineer was abolished, as noted above, the

appellant was adjusted/appointed as Lecturer in Mechanical

Engineering at Bongaigaon Polytechnic in 2003 from where he was

transferred to Jorhat Engineering Institute in 2009 where the appellant

served till his superannuation.

The appellant claimed AICTE pay scale from 1992 onwards and the

arrears of pay which was refused.

There were two rounds of litigation by the appellant but, ultimately

the claim of the appellant was rejected by the learned Single Jude vide

the impugned judgment, wherein reference was made of the judgment

in the case of Sri Biralal Doley vs. the State of Assam and others [WP(C)

NO.8471/2019] passed by this Court on 24.01.2023. In the afore-noted

case, it was held by this Court that in the event of a person being

adjusted and posted as Lecturer of Mechanical Engineering on the

abolition of the post of Assistant Project Engineer, he would not be

entitled to AICTE pay scale for the period that he served as Assistant

Project Engineer as such pay scale is only given to the Project Engineers,

who are the Heads of the Department of the Polytechnics and not to all

the Assistant Project Engineers, who ultimately are adjusted/appointed

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against the posts of Lecturers in Polytechnics in the State of Assam.

However, the circular in that regard does not appear to be clear to

us.

Mr. Gogoi, learned Standing Counsel, Higher Education Department

submits that he shall file the required affidavit-in-opposition to the memo

of appeal by the next date with an advance copy to Mr. Borthakur,

learned Senior Advocate for the appellant for him to rejoin, if so deemed

necessary.

Re-notify on 12.06.2026.

JUDGE CHIEF JUSTICE

Comparing Assistant