IN THE (HIGH COURT OF , , MIZORAM AND ARUNACHAL PRADESH)

WP(C) No.2073/2008

1. Sri Prodip Bhuyan, S/o Late Premadhar Bhuyan, Vill. & P.O. Moranjun, District- . 2 Mrs. Ritamoni Phukan, D/o. Lt. Ramakanta Phukan, Vill.Laichang, P.O.Desangpani, District- Sivasagar. 3 Mrs. Anmika Mohan, D/o Sri Konthi Mohan Vill. Laichang, P.O. Desangpani District- Sivasagar. 4 Sri Hemanta Mohan S/o. Lt. Ganeswar Mohan P.O. Desangpani, District- Sivasagar. 5 Sri Nagen Chetia S/o. Sri Khrudrant Chetia Vill. Jajalihabi P.O. Bonamali District- Sivasagar. 6 Mrs Kalpana Barthakur, S/o. Sri Manik Borthakur Vill. Bonamali T.E., P.O. Bonamali, District- Sivasagar. 7 Mrs. Labanya Mohan D/o. Nilakanta Mohan Vill. Borchuki,P.O. Moranjun District- Sivasagar. 8 Sri Suchan Gogoi S/o. Lt.Nagen Gogoi, Vill.Khangharia Doba, P.O.Moranjun, District- Sivasagar. 9 Sri Chikon Gogoi, S/o.Lt. Guluck Gogoi Vill. Nomani Changmi P.O.Doba, Tiniali, District- Sivasagar. 10 Mrs. Parishma Kakoti D/o. Sri Namal Kakoti Vill. Moran Baishnupur P.O. Moran. 11 Mrs. Moromi Gogoi D/o Sri Khagen Gogoi Vill. Moran Oil P.O. Moran, District- Sivasagar.

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12 Mrs. Dipamoni Mohan D/o. Lt. Jayanta Gogoi Vill.Bhadkia, P.O. Patkaku District- Sivasagar. 13 Mrs Pallabi Phukan S/o. Sri Suren Phukan,P.O. Sepon, District- Sivasagar. 14 Mrs. Nibedita Borgohain D/o. Lt.Indra Borgohain Vill. Bokota Panibil Gohain Gaon, P.O. Chanbasa District- Sivasagar. 15 Mrs. Bornali Mohan S/o. Lt. Tepeswar Mohan Vill & P.S. Sepon District- Sivasagar. 16 Sri Thanu Mohan S/o. Lt.Kachari Mohjan Vill. Laichang, P.O. Desangpani District- Sivasagar. … Petitioners.

VERSUS

1. The State of Assam, Represented by the Commissioner & Secretary to the Govt. of Assam, Education Department, , -6. 2 The Director, Elementary Education Deptt, Assam. Kahilipara, Ghy-19 3 The District Elementary Education Officer, Sivasagar, Assam 4 The Dy. Inspector of Schools, , Sivasagar, Assam 5 The Block Elementary Education Officer, Sonari (Sepon) Block, Sivasagar, Assam 6 The Secretary to the , Finance Department, Dispur,Ghy-6. …Respondents.

BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY

For the petitioner : Mr. H.K. Sarma Mr. N. , Mr. D. Nath. … Advocates. Ms. D. Deka.

For the respondents 1-5 : Mr. N.J. Khataniar …. SC, Education Deptt. For the respondent No.6 : Ms. A. Varma …. SC, Finance Deptt.

Date of hearing and Judgment : 18.8.2015.

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JUDGMENT AND ORDER (ORAL)

Mr. H.K. Sarma, the learned Counsel is appearing for the 16 petitioners. The respondents 1-5 are represented by Mr. N.J. Khataniar, the learned Standing Counsel for the Department of Elementary Education. The respondent No.6 is represented by Ms. A. Verma, the learned Standing Counsel for the Finance Department.

2. The 16 petitioners were appointed as Stipendiary Teachers in different L.P. Schools in Sivasagar District and when they were appointed and their respective schools are reflected in a Chart form in paragraph 7 of the writ petition and since these details are relevant, they are extracted hereinbelow for ready reference –

Petitioner Name Date of Name of the School No. Appointment 1. Sri Prodip Bhuyan 3.1.1996 Tiphuk Habi L.P. School. 2. Mrs. Ritamoni Phukan 3.1.1996 Dhrubojyoti L.P. School. 3. Mrs. Anamika Mohan 3.1.1996 Lt. Durgeswar Phukan L.P. School 4. Sri Hemanta Mohan 3.1.1996 Jamoguri Santipuri L.P. School. 5. Sri Nagen Chetia 3.1.1996 Naharonibam Noloniban L.P. School. 6. Mrs. Kalpana Barthakur 3.1.1996 Bonamali T.E. L.P. School. 7. Mrs. Labanya Mohan 28.12.1995 Laichang Millon L.P. School. 8. Sri Suchan Gogoi 5.12.1995 Binapani L.P. School. 9. Sri Chikon Gogoi 28.12.1998 Khukghoria Pukhuri L.P. School 10. Mrs. Parishma Kakoti 3.11.1999 1007 No. Khumtai L.P. School 11. Mrs. Moromi Gogoi 3.11.1999 Bijulinagar L.P. School. 12. Mrs. Dipamoni Mohan 6.12.1999 Kataki Papang L.P. School 13. Mrs. Pallabi Phukan 6.12.1999 Sepon Joypur L.P. School. 14. Mrs. Nibedita Borgohain 6.12.1999 Sepon L.P. School. 15. Mrs. Bornali Mohan 6.12.1999 Jotuliting L.P. School. 16. Sri Thanu Mohan 28.12.1998 Laichan L.P. School.

3. The appointees underwent the Teachers Training Course and on their successful completion between 2002 – 2004, they were given regular scale of

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pay in terms of the appointment order(s). But as their salary payment was stopped after a while, they filed the present case for disbursal of their current and arrear salary from June 2006. 4. Mr. H.K. Sarma, the learned Counsel submits that after the writ petition was filed, the teachers were paid their salary uptil February 2012 but since then their wages have remained unpaid. 5. In his turn, Mr. N.J. Khataniar, the learned Standing Counsel for the Department of Elementary Education submits that an Expert Committee was constituted by the Government, in pursuant to the High Court’s direction in Sudhendu Mohan Talukdar vs. State of Assam reported in 2006 (2) GLT 216 and he submits that the salary grievances of the petitioners can be addressed appropriately, by this Expert Committee. 6. For a similar group of L.P. School Teachers, direction was issued on 18.2.2013 in the W.A. 336/2007 (Jyoti Prasad Bor Baruah vs. State of Assam) where the Division Bench directed the Commissioner and Secretary to the Government of Assam, Department of Elementary Education, who is the Chairman of the Expert Committee, to take a final decision on the salary grievances raised by the L.P. School Teachers. It further appears that the petitioners had appeared before the concerned Committee on 11.3.2013 but Mr. Sarma submits that final decision is still to be taken by the Expert Committee. 7. In the above circumstances, having regard to the fact that the petitioners were heard by the Expert Committee, a final decision should be taken in the matter. Hence the Committee should pass individual speaking order(s) for the petitioner(s) within 3 months of receipt of this order. If aggrieved by the Committee’s decision, the petitioners can apply for redressal in accordance with law. It is ordered accordingly. 8. With the above order, this case is disposed of without any order on cost.

JUDGE

Datta.

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