Jahanara Begom v. The State of Assam and 4 Ors

ORDER Date : 11.12.2024

Heard Mr. A. K. Hussain, learned counsel for the petitioner. Also heard Mr. U. Sharma, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1, 3 & 4 and Mr. P. Nayak, learned Standing Counsel, Finance Department, appears for the respondent No. 2.

¶2The petitioner was appointed as Assistant Teacher (Hindi) in the Rahatun Nazat Pre-Senior Madrassa (renamed as Rahatun Nazat M.E. School) by a Communication dated 01.01.1996 issued by the Secretary of the said School. The petitioner accordingly joined the said post on 02.01.1996 and is serving till date. The service of the petitioner was also provincialised by an Order dated 27th December, 2013, issued by the Director of Madrassa Education, Assam. The petitioner acquired B.A. degree from Krishna Kanta Handiqui State Open University on 28.12.2023 and also obtained her D.El.Ed. degree from the Krishna Krishna Kanta Handiqui State Open University on 08.04.2019.

¶3It is the case of the petitioner that in terms of the Notification dated 04th of August, 2018, issued by the Secretary to the Government of Assam, Finance

(PRU) Department, she is entitled to the Grade Pay of Rs.8,700/-. The further case of the petitioner is that similarly situated Assistant Teachers, who are serving under the Inspector of Schools, KDC, Kamrup, Amingaon were allowed Page No.# 3/3 to receive Grade Pay from Rs. 6,800/- to Rs. 8,700/- by Order dated 10th March, 2022. However, despite the petitioner acquiring the required qualifications to be considered as a Trained Graduate Teacher is still receiving the Grade Pay of Rs. 6,800/- and accordingly, the petitioner made a representation before the Inspector of Schools, Kamrup (R) on 24.10.2024, praying for providing revised Grade Pay of Rs. 8,700/-. The petitioner also made a similar representation before the Director of Secondary Education, Assam on 28.10.2024.

¶4It is the submission of the learned counsel for the petitioner that as the representations dated 24.10.2024 and 28.10.2024 filed by the petitioner are yet to be considered and disposed of, the petitioner would be satisfied if a direction is issued to the respondents to dispose of the representations made by the petitioner.

¶5After hearing learned counsel for the parties, this writ petition is accordingly disposed of directing the Director of Secondary Education, Assam/respondent No. 3 to consider and dispose of the representation made by the petitioner on 28.10.2024 by a Speaking Order and in accordance with law after verification of all necessary documents.

¶6Let such exercise be taken and completed within a period of 2 (two) months from the date of receipt of a certified copy of the Order of this Court.

¶7With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010256192024 ooooooo 2024:GAU-AS:12477 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6605/2024o JAHANARAoBEGOMo W/OoSOHRABoALIo ROoVILL-oKISMOToKATHMIo P.O.oDEKAoSUNG,oPIN-781136o DIST.oKAMRUPo(R),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oSCHOOLoEDUCATIONoDEPARTMENT,oDISPUR,o GUWAHATI-781006 2:THEoCOMMISSIONERoANDoSECRETARY oGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06. 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 4:THEoINSPECTORoOFoSCHOOLS oK.D.C.oKAMRUPo(R) oAMINGAON oGUWAHATI-31. 5:THEoHEADoMASTER oRAHATUNoNAZAToM.E.oSCHOOL oP.O.DEKAoSUNG oP.S.oBOKODIST.oKAMRUPo(R) oASSAM,oPIN-78113o Page No.# 2/3 Advocate for the Petitioner : MR. A K HUSSAIN, MR. B HUSSAIN Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR