An appointee who accepts a regularization order stipulating prospective effect and barring claims for past arrears cannot subsequently challenge those terms or seek salary for the period prior to the date of appointment specified in the order.

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 30.04.2026

Heard Mr. N J Gogoi, Learned Counsel for the Petitioners. Also heard Mr. B Kaushik, Learned Standing Counsel, Department of Education, Assam.

2. The petitioners, by way of instituting the present writ petition, have prayed for a direction upon the respondent authorities for authorizing to the petitioners, their salaries, in arrears, w.e.f March 2012, along with their current salaries.

3. At the outset, Mr. N J Gogoi, Learned Counsel for the Petitioner, has submitted that the petitioner No. 3, Mrs. Swarna Buragohain Changmai, during the pendency of the present proceedings, had passed on and accordingly, the present writ petition is not being pressed on her behalf and the same is only pressed, on behalf of the petitioner Nos. 1 & 2. Accordingly, the consideration in the present order is limited to the claims made by the petitioner Nos. 1 & 2.

4. The petitioners, in the present writ petition, project that they were appointed, in pursuance to a selection process, initiated in the year 1996. The petitioners were initially appointed as stipendiary teachers, vide appointment orders, issued by the Deputy Inspector of Schools, Sivasagar. It is further projected that the petitioners, herein, were also deputed to undergo the Basic Training Course, in the year 2002 and 2003, respectively. On conclusion of the said Basic Training Course, it is projected that the petitioners were authorized a scale of pay and they were so drawing their pay and allowances in the scale of pay, as authorized to an Assistant Teacher in a Lower Primary School. The petitioners also contend that GPF accounts were also opened, in their respective cases. As there was an irregularity, in releasing to the petitioners, their current salaries, on account of the inaction on the part of the respondent authorities, their salaries had become in arrears. However, such arrears of pay were being released to the petitioners from time to time. Thereafter, it is contended that with effect from March 2012, the respondents, without assigning any reason, whatsoever, proceeded to stop the payment of salaries to the petitioners.

5. Being aggrieved, the petitioners approached this Court, by way of instituting a Writ Petition being WP(C) No. 1114/2007. The said Writ Petition was disposed of by a Coordinate Bench of this Court, vide order dated 12.04.2007, requiring the respondent authorities to place the case of the petitioners before the constituted Committee and the Committee was directed to examine and consider the cases of the petitioners, within the time frame, so prescribed, therein. The State, by way of instituting an appeal in the matter, had assailed the order dated 12.04.2007 passed in WP(C) No. 1114/2007, before a Division Bench of this Court. The said appeal was considered and vide order dated 18.02.2013, the same was disposed of noticing that the Committee, as constituted in the matter, had already submitted its report, with regard to the services of the petitioners, herein, and a final decision, thereof, was yet to be taken. Accordingly, the Division Bench of this Court directed the Commissioner & Secretary to the Government of Assam, Department of Elementary Education, Assam, to take a decision in the matter, after an opportunity of hearing to the petitioners, herein. As the matter was not taken to its logical conclusion and the petitioners were continued to be denied their due salaries, the petitioners have instituted the present writ petition, praying for the reliefs, as noticed, hereinabove.

6. Mr. N J Gogoi, Learn