RANJANESHWAR ROY CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the appellants as well as Mr. S.P. Bhattacharjee, learned Standing Counsel, Education (Elementary) Department, Assam for respondent nos. 1, 2, 3 and 4.

(2.) This intra-Court appeal is presented against the judgment and order dated 13.05.2016 dismissing WP(C) 5063/2011 filed by the appellants herein as writ petitioners.

(3.) Issue involves as to whether the appellants are entitled to regular time scale of pay with effect from the date of announcement of their results of the Junior Basic Training Examination in the facts and circumstances of the case. Facts not in dispute are that the appellants were appointed as Assistant Teachers in respective Lower Primary Schools in the district of Karimganj on stipend of Rs. 900/- per month. The said appointments were made pursuant to an Advertisement dated 009.1991. The terms of appointment, as apparent from the order dated 16.07.1992, included that they will get a monthly stipend at the rate of Rs. 900/- per month or such sum that may be determined by the Government from time to time and they will be deputed to undergo Teachers Training for one year subject to availability of seat. On successful completion of the training they will be given regular time scale of pay of Rs. 1185-2395/- per month together with allowances as admissible under the rules from the date of announcement of the result of training. Each of the appellants completed the training and results thereof was announced on 12.04.1999. Certificates of having passed the Assam Junior Basic Training Examination in the year 1998 were issued to the appellants in seriatim on 29.07.1999, 17.06.1999, 14.06.1999 and 005.2000 respectively. Also not in dispute is that the appellant no. 1 was granted regular time scale of pay on and from 01.02002; appellant no.2 with effect from 01.02.2003; appellant no.3 with effect from 01.01.2002 and to the appellant no. 4 from 01.02.2001.