MD ISLAM UDDAIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. N. Dhar, the learned Counsel appearing for the petitioner in all the 4 cases and the respondents are represented by Mr. U.K. Goswami, the learned Government Advocate, Education Department.

(2.) SINCE common argument is advanced based on similar facts, this following order will cover all 4 cases. For the sake of convenience, the narrated facts are taken from the WP(C) 3475/2008 filed by Md. Islam Uddin Laskar.

(3.) THE petitioner is a graduate and was appointed as teacher in Assamese in the Gonirgram Senior Madrassa through the order dated 31st May 1976 (Annexure -1) issued by the Secretary of the said Madrassa. Through the order dated 28.6.1986 (Annexure -2) the Deputy Director of Madrassa Education ordered confirmation of the petitioner s service w.e.f. 1.4.1978. Although a graduate, the petitioner was serving as a teacher in the intermediate scale of pay and on the recommendation of the Secretary of his Senior Madrassa, the petitioner was upgraded to the vacant post of Graduate Assistant Teacher, through the order dated 21.6.2003 (Annexure -4) issued by the Deputy Director of Madrassa Education. But finding subsequently that upgradation was unjustified, the Director of the Madrassa Education through the impugned order dated 11.7.2008 (Annexure -7) has cancelled petitioner s upgradation ordered on 21.6.2003 and declared that the graduate post to which the petitioner upgraded would now be a vacant post. Ssailing the legality of his reversion to intermediate scale, Mr. N. Dhar, the learned Counsel submits that the Gonirgram Senior Madrassa is imparting education at the High/Higher Secondary School Level and accordingly they are entitled to be upgraded from intermediate to graduate scale of pay in terms of the Notification dated 30.12.1993 (Annexure -3).