KALYAN GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. D. Das, learned Senior Advocate assisted by Mr. S. Bora, learned counsel for the petitioners. Also heard Mr. N. Phukan, learned Standing counsel, Elementary Education Department for respondent Nos. 1, 3 and 4 and Mr. A. Chaliha, learned Standing Counsel, Finance Department for respondent No.2.

(2.) Having considered the issue involved and similar grievance has already been considered and disposed of by the Co-Ordinate Bench of this Court and as agreed to by the learned counsel for the parties, this writ petition is taken up and disposed of at the motion stage itself.

(3.) Mr. B. D Das, learned Senior Advocate for the petitioners submits that the petitioners were initially appointed as Assistant Teachers/Hindi Teachers in different L.P Schools on regular scale of pay on the recommendation of the Advisory Board sometime in the year 1996 to 2001 in the district of Tinsukia. Although they were paid salaries for initial three months, but thereafter, the same was discontinued and the petitioners came to be appointed as Tutors under the provision of Sec. 2 (u) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 in different L.P Schools by an order dtd. 30/1/2021 at a fixed salary of Rs.10,800.00 per month w.e.f. 1/11/2020. He submits that the petitioners are discharging similar duties and functions as that of the regular teachers, but they have been deprived of regular scale of pay.