IN THE GAUHATI HIGH COURT

(High Court of , Nagaland, Mizoram and Arunachal Pradesh)

WRIT PETITION (C) No. 2704/2010

1) Sri Jitendra Sarma, S/o Late Dhani Ram Sarma, Vill & P.O. Byaspara, P.S. , Dist. Darrang.

2) Sri Khaza Moinuddin Hazarika, S/o Late Akhar Ali Hazarika, Vill. Duaripara, P.O. Chengeliajhar, P.S. Sipajhar, Dist. Darrang.

3) Sri Faijuddin Ahmed, S/o Late Taher Ali, Vill. Maroi, P.O. Maroi, P.S. Sipajhar, Dist. Darrang.

4) Sri Abdul Gani, S/o Md. Ali Shah, Vill. Ghorashal, P.O. Byaspara, P.S. Sipajhar, Dist. Darrang.

5) Ms. Saheha Begum, D/o Md. Siddik Ali, Vill. Byaspara, P.S. Sipajhar, Dist. Darrang.

6) Sri Paban Kumar Sarma, S/o Late Lakshi Kant Sarma, R/o Jyoti Nagar, P.O. Mangaldoi, P.S. Mangaldoi, Dist. Darrang.

7) Ms. Meharum Nessa Begum, D/o Late Mahirudding Ahmed, Vill. & P.O. Maroi, P.S. Sipajhar, Dist. Darrang.

8) Sri Sarat Chandra Kumar, S/o Late D Kumar, Vill. Ghorashal, P.O. Byaspara, P.S. Sipajhar, Dist. Darrang.

9) Smti Nilima Devi, D/o Sri Jhali Ram Nath, R/o Salpam, P.O. Khandajan, P.S. Sipajhar, Dist. Darrang.

WP(C) No. 2704 of 2010 Page 1 of 7 10) Smti Anima Saharia, D/o Sri Puha Ram Saharia, Vill. & P.O. Manapara P.S. Mangaldoi, Dist. Darrang.

11) Sri Jatan Sur, S/o Late Nagendra Kumar Sur, Vill. Paniakhat, P.O. Dhula, P.S. Mangaldoi, Dist. Darrang.

12) Sri Dharmeswar Kalita, S/o Late Madan Chandra Kalita, Vill. Bezpara, P.O. Manapara, P.S. Mangaldoi, Dist. Darrang.

13) Sri Kushal Sarma, S/o Late Bhut Nath Sarma, Vill. Soto Athiyabari, P.O. Janaram Chowka, P.S. Mangaldoi, Dist. Darrang.

14) Sri Monoj Bora, S/o Late Kati Ram Bora, Vill. Baina-ojhapara, P.O. Aulachowka, P.S. Mangaldoi, Dist. Darrang.

15) Harendra Nath Deka, S/o Late Pani Ram Deka, Vill. Chapai Salaipara, P.O. Chapai, P.S. Mangaldoi, Dist. Darrang.

16) Sri Karuna Kanta Deka, S/o Sri Baneswar Deka, Vill. Kumarpara, P.O. Deomornoi, P.S. Mangaldoi, Dist. Darrang.

17) Sri Hangshadhar Hazarika, S/o Late Joipati Hazarika, Vill. Chengapara, P.O. Patharighat, P.S. Sipajhar, Dist. Darrang.

18) Sri Gobinda Baruah, S/o Late Madhab Chandra Baruah, Vill. Kharkhowapara, P.O. Deomornoi, P.S. Mangaldoi, Dist. Darrang.

19) Sri Debendra Kalita, S/o Late Payalu Kalita, Vill. Kharkhowapara, P.O. Deomornoi, P.S. Mangaldoi, Dist. Darrang.

20) Sri Prafulla Nath Saharia, S/o Late Pado Ram Saharia, Vill. Basachuba, P.O. Dhekipara, P.S. Sipajhar, Dist. Darrang.

21) Smti Tilottama Deka, D/o Sri Bali Ram Deka, Vill. No. 7 Ward, Mangaldoi,

WP(C) No. 2704 of 2010 Page 2 of 7 P.O. Mangaldoi, P.S. Mangaldoi, Dist. Darrang. 22) Sri Bhabendra Rajbongshi, S/o Sri Mahi Ram Deka, Vill. Khas Dipila, P.O. Dipila, P.S. Sipajhar, Dist. Darrang.

23) Sri Purna Chandra Sarma, S/o Late Sachindra Sarmah, Vill. Hazarikapara, P.S. Sipajhar, Dist. Darrang.

24) Sri Madan Chandra Nath, S/o Late Tanak Chandra Nath, Vill. Niz-Sipajhar, P.O. Sipajhar, P.S. Sipajhar, Dist. Darrang.

25) Sri Hriday Kumar Saharia, S/o Late Benudhar Saharia, Vill. Satghari, P.O. Sipajhar, P.S. Sipajhar, Dist. Darrang.

26) Sri Harendra Nath Deka, S/o Lalit Charndra Deka, Vill. Chengapara, P.O. Patharighat, P.S. Sipajhar, Dist. Darrang.

Petitioners

- Versus –

1) State of Assam represented by the Commissioner and Secretary to the , Education Department, Dispur, -6.

2) The Director of Elementary Education, Assam, Kahilipara, Guwahati-19.

3) The Inspector of Schools, Darrang Circle, Mangaldoi, District- Darrang.

Respondents

B E F O R E HON’BLE MR. JUSTICE T. VAIPHEI

For the petitioner: Mr. T J Mahanta, Mr. S Bharali, Ms. P Bhattacharya. Mr. B Sarma, Advocates For the respondents: Mr. J Abedin, SC, Education.

Date of Hearing : 19-08-2014

WP(C) No. 2704 of 2010 Page 3 of 7 Date of Judgment : 19-09-2014

JUDGMENT & ORDER

Having heard Mr. T.J. Mahanta, the learned counsel for the petitioners, and Mr. J. Abedin, the learned Standing

Counsel for the State-respondents, I have no hesitation to hold that this writ petition is bereft of merit and is, therefore, liable to be dismissed.

2. The petitioners, who were initially appointed as stipendiary teachers of various schools of on 3-6-1996 and whose services were regularized with effect from 31-3-1998 after successful completion of their trainings, are now claiming a regular scale of pay with effect from their initial date of joining their posts i.e. with effect from 3-6-1996. To appreciate their claim, I may at the outset reproduce below the order of appointment of the petitioner

No. 1 as Assistant Teacher of Naodinga L.P. School as representative of the appointment orders of the remaining petitioners:

“Office of the Deputy Inspector of Schools :

Mangaldoi

O R D E R

In pursuance of the Honble High Court’s

order dated 17-1-92 C.R. No. 160 and 161 of 1992

and in pursuance of the D.E.E.’s letter No.

EHA.30/93 dated 3-2-96 and DEEO’s letter No.

DES/P/12/96/2491 dated 4-4-96 Sri Jitendra

Sarma is hereby appointed temporarily on ad-hoc

WP(C) No. 2704 of 2010 Page 4 of 7 basis on monthly stipend of Rs. 900/- fixed and

posted at Naodinga L.P. school against the posts

allotted vide D.E.E.O.’s letter No. EHA.30/93 dated

3-2-96 subject to the result of appeal pending

before the Hon’ble Supreme Court of with

effect from the date of joining.

The appointee will be considered for regular

scale of pay on successful completion of prescribed

training as per existing norms and procedure of

Education Department and subject to satisfactory

police verification report. In case of failure to pass

the training examination within the stipulated

time for 3 chances his/her services shall be

terminated.

The expenditure is debitable under the Head

of Accounts “2002-Genl. Edn.(I)-III centrally

sponsored Schgemes-01-Ele-Edn-(a)-Operation

Blackboard-I-Salarries (Plan) 1996-97.

Sd/- S.P. Barua Deputy Inspector of Schools, Mangaldoi.”

(Underlined for emphasis)

3. A perusal of the aforesaid order plainly makes it clear that payment of regular scale of pay to the petitioners was conditional upon the successful completion by them of the prescribed training as per the existing norms and procedure.

It is the further condition of their initial appointment that if

WP(C) No. 2704 of 2010 Page 5 of 7 they failed to pass the training examination within the stipulated time for three chances, their services should be terminated. The petitioners had successfully completed their

Junior Basic training on 31-3-1998 and were accordingly paid regular pay scale to them with effect from the date of completing their training i.e. 31-3-1998. Thus, the petitioners came to be paid a regular scale of pay with effect from 31-3-1998 in accordance with the terms and conditions of their initial appointment orders, for which they cannot have any legitimate grievance.

4. It is, however, contended by the learned counsel for the petitioners, that after the judgment of the Apex Court, the respondent authorities appointed some candidates, whose names had been included in the same select list, as

Assistant Teachers of L.P. Schools on regular basis with a regular pay scale and other admissible allowances from the date of their joining the post. In my opinion, a perusal of the appointment letters at Annexure-3 series does not indicate that the appointments were made from the date they were appointed as stipendiary teachers. Moreover, such payment of regular pay scale from the date when they were merely appointed with fixed stipend without the approval of the competent authorities would be impermissible and, therefore, would be illegal. It is by now a well-settled proposition of law that past illegal action of the respondent authorities cannot be used as a precedent for claiming similar relief. Therefore, the relief claimed by the petitioners for payment of regular pay scale with retrospective effect is not sustainable in law.

WP(C) No. 2704 of 2010 Page 6 of 7

5. For what has been stated in the foregoing, this writ petition has no merit and is, therefore, dismissed but by directing the parties to bear their respective costs.

JUDGE

naba

WP(C) No. 2704 of 2010 Page 7 of 7