SHYAM CHARAN BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this application, the petitioner has sought for a writ of mandamus commanding the respondents to provide the petitioner the pay scale of Manual Instructor as shown under the head "Miscellaneous Post in Schoo is and Colleges in revision of pay rules with consequential benefits.

(2.) The petitioner was working in Bongaon Higher Secondary School as Craft Teacher w.e.f. 2.4.63 and worked as such till the date of his superannuation i.e. on 1.3.97, The only grievance of the petitioner is that under the revision of pay scale ROP 1973 the post of Craft Teacher was shown under the head of the "Miscellaneous Post in Schools and Colleges" and it was accepted to be a post of Manual Instructor the petitioner as such has claimed that in terms of the aforesaid ROP 1973 he was entitled to get Manual Instructor but the petitioner was paid the scale: of Craft Teacher under the head of "LP/Juniior Basic/ Pre-Primary Schools". By the ROP 1990 the Manual Instructor is described as Craft teacher under the head of "Misc. Post in Schools and Colleges" but the post of the Craft teacher has been shown under the head of "LP/Junior Basic/ Pre-Primary Schools". The petitioner has stated that the above position was accepted by the State Government. In support of his contention the case of Nikhil Chandra Das Craft Teacher has been cited whereby he was allowed Pay Scale of Rs. 325/- to Rs.650/- and was redesignated as Manual Teacher by Government bearing Annexure-1 dated 27th Sept '93. The aforesaid person Shri Das of the pay scale of Rs. 325-650/- p.m. was working as Manual Instructor of S.V. Vidhya Niketon Higher Secondary School, Nilambazar, Karimganj with effect from 1.1.73. The petitioner also submitted a representation before the authority claiming the said benefit. The authority caused a proper enquiry about the matter and on enquiry the Inspector of Schools furnished a detailed report-

(3.) Mr.M.K. Choudhury, learned counsel for the petitioner has submitted that when similar benefit is given to the others the petitioner should not be singled out and hence it is a case of which discrimination of the petitioner in not giving him the benefit. Since representation was filed before the Director of Schools, Kahilipara who is the competent authority, the Director of Secondary Education, Assam is accordingly directed to dispose of the matter within two months from the date of receipt of the certified copy of this order in accordance with law by a reasoned order. The petitioner shall take steps to furnish the copy of the order along with the copy of the writ petition to the Director of Secondary Education, Assam. This disposes of the writ petition.