PABIN CHANDRA BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner's grievance made in this writ petition is in respect of non- fixation of pay of the petitioner at Rs.640/- wef 1.10.78 in the pay scale of Rs.500-1225/-. As per the averments made in the writ petition, the petitioner was initially appointed as an Assistant Graduate Teacher way back in 1965 i.e. 26.6.1965. He was appointed as the Headmaster-in-charge of the said school on 3.8.67. The school was brought under Deficit System of Grants-in-aid wef 1.7.1977 and the petitioner was appointed as Headmaster-in-charge. At that relevant point of time the substantial grade in which the petitioner was working was Assistant Graduate Teacher in the pay scale of Rs.325-650/-. The school was provincialised by Annexure 1 order dated 28.3.1979 w.e.f. 1.10.78 and the petitioner was made the regular Headmaster of the school. This position is well reflected from the fact that the petitioner was granted the pay scale of Rs.500-1225/- as was admissible to the Headmaster of provincialised High School.

(2.) The grievance made by the petitioner is that at the time of provincialisation of the school wef 1.10.78, his pay was fixed at the initial stage of the pay scale of Rs.500-1225/- instead of at the stage of Rs.640/- as was admissible as per the recommendation of the ROP Rules of 1973. In this connection Mr. RC Saikia, learned counsel for the petitioner has brought to my notice the relevant provision relating to the fixation of the pay of the Headmaster of the High School at the stage of Rs.640/- in the pay scale of Rs.500-1225/-. The said provision is incorporated in para 29.12 of the ROP Rules which is quoted below: "29.12. Assam School Service (Junior) consists of two Classes Assistant Headmaster of the High Schools in Class 1 and Graduate teachers and Sub- Inspectors of Schools in Class II. Besides these posts, Head Masters of High Schools, Deputy Inspectors of Schools, Additional Deputy Inspectors and Principal Basic Training Centre from the selection posts under the service. For teachers of the High Schools, the present arrangement of one advance increment for honours graduates and two advance increments for Post Graduate degree or BT degree may continue. In the corresponding revised scale of Rs.500-1225, laid down for Head Master of High Schools, the Head Master appointed on promotion may start at a minimum of Rs.640/-" Mr. Saikia, learned counsel has further given example of other similarly situated Headmasters whose pay have been re-fixed at the pay scale of Rs.640 in the pay scale of Rs.500-1225/- PM from the date of provincialisation.

(3.) No affidavit-in opposition has been filed controverting the above position. The claim of the petitioner was rejected by the impugned orders at Annexure 9 and 10 dated 2.2.98 and 20.2.98 respectively. By Annexure 9 communication, the Govt of Assam, Education (Secondary) Department had informed the Director of Secondary Education, Assam that the petitioner was not entitled to the fixation of his pay as was claimed by him on the ground that the petitioner has worked as Headmaster before and a after provincialisation of the school. It appears that no final opinion was expressed by the said communication dated 2.2.98 rather a request was made to dispose of the matter at the level of the Govt. Thereafter the Annexure 10 communication was issued by the Addl Director of Secondary Education, Assam to the Inspector of Schools, NDC, Nalbari stating that the petitioner was not entitled for higher initial pay as per Rule. I find that the ground given for rejection of prayer of the petitioner is totally vague and does not disclose any reason whatsoever. Further by Annexure 9 communication dated 2.2.98 a request was made by the Director of Secondary Education, Assam to the Govt of Assam in the Education (Secondary) Department but nothing has been done till date. It is under these circumstances the writ petition has been filed making a prayer for issuance of a writ in the nature of Certiorari in quashing the Annexure 9 and 10 order dated 2.2.98 and 20.2.98 and for the direction for re-fixation of the pay of the petitioner at the stage of Rs.640/- in the pay scale of Rs.500 to 1,225/. It is the categorical statement of Mr. Saikia as would be evident and on perusal of the writ petition that the pay of the petitioner was fixed at the initial stage in the pay scale of Rs.500/- to 1,225/- and he has been enjoying such pay scale wef 1.10.78 when the school was provincialised by Annexure 1 order.