Decided on December 06,2018

Baneswar Bhattacharya Appellant
State Of Assam And 4 Ors Respondents


Achintya Malla Bujor Barua, J. - (1.) Heard Mr. I Choudhury, learned senior counsel for the petitioners. Also heard Mr. N Sarma, learned standing counsel, Secondary Education Department, Assam as well as Mr. A Chetry, learned counsel for the Pension Department, Assam.
(2.) All the four petitions are taken up for a final consideration together inasmuch as, the claims of the respective writ petitioners are based on the same set of facts and a common adjudication would meet the requirement of all of them. For the purpose of brevity, we are just taking note of the facts of WP(C)No.4689/2016 on the understanding that the facts involved in the other three writ petitions are also of the same nature without there being any substantial variations calling for a different view to be taken.
(3.) The petitioner in WP(C)No.4689/2016 had obtained his graduate degree in the year 1976 and thereafter on 08.04.1978, he was appointed as an assistant teacher in the intermediate scale of pay in the Gangapukhuri Government Aided High School in the Kamrup district, which is presently known as Gangapukhuri High School. Similarly, the other writ petitioners had also obtained their graduate degree in various years and upon obtaining their graduate degrees were appointed as assistant teachers in the intermediate scale of pay in their respective high schools. According to the petitioners, a circular dated 20.03.1979 was issued by the Education Department of the Government of Assam providing for a graduate scale of pay in respect of those Assistant Teachers who had the graduation degree as their qualification. The petitioners state that thereafter another circular dated 12.06.1981 was also issued providing that the assistant teachers in the intermediate scale of pay having a graduate degree would be entitled to a graduate scale of pay. In respect of some other similarly situated persons, there were earlier litigations as regards the claim of graduate scale of pay on the premises that the concerned teachers although appointed in the intermediate scale of pay had graduate qualification prior to their appointment and, secondly, such benefit of graduate scale were given to them as per the aforesaid two Government circulars. In some of such litigations, the Division Bench of this Court had arrived at a conclusion that the circular dated 12.06.1981 is a non-existent circular which was not issued by any appropriate authority.;

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