JATINDRA NATH SARMA S/O LT HARESWAR SARMA Vs. STATE OF ASSAM
LAWS(GAU)-2018-2-68
HIGH COURT OF GAUHATI
Decided on February 26,2018

Jatindra Nath Sarma S/O Lt Hareswar Sarma Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. R. Sarma, learned counsel for the petitioner, Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department and Ms. R.D Bhuyan, learned counsel appearing for the Director of Pension.
(2.) The petitioner, who was a graduate by qualification was appointed as an Assistant Teacher of Dakhin Nalbari Bidyapith ME School, Nalbari by the School Managing Committee on 10.05.1977 and he is one of the founder teacher of the school. The concerned school was provincialised from 01.02.1985, but upon provincialisation, the petitioner along with some other similarly situated teachers were allowed to draw their pay in the intermediate scale of pay. Consequently, they approached this Court by way of a writ petition being Civil Rule No.3979/1995. By the order of 15.12.1995 in Civil Rule No.3979/1995, this Court had directed the respondent No.3 being the District Elementary Education Officer, Nalbari to consider the claim of the petitioners for payment of their salary and allowances in the scale of Rs.1375- 3375/-, which in fact was the graduate scale of pay. Accordingly, by the order of 28.12.1995, the District Elementary Education Officer, Nalbari in compliance of the order dated 15.12.1995, had allowed the petitioner along with some other similarly situated persons to draw the graduate scale of pay. The petitioner as such continued in service and had superannuated on 31.01.2014.
(3.) In this writ petition, the petitioner is aggrieved by a communication dated 18.07.2017 of the Finance and Accounts Officer in the Directorate of Pension, Assam. By the said communication, the District Elementary Education Officer, Nalbari was informed that the process of paying regular pension could not be finalized inasmuch as although by the order of 15.12.1995, this Court had directed payment in the scale of pay of Rs.1375-3375/- from the date of provincialisation i.e. 01.02.1985, but in fact, the said scale of pay of Rs.1335-3375/- came into existence only w.e.f. 01.01.1989.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.