LABANYA BORUA WIFE OF LOKNATH CHUTIA Vs. STATE OF ASSAM AND ORS
LAWS(GAU)-2018-7-13
HIGH COURT OF GAUHATI
Decided on July 10,2018

Labanya Borua Wife Of Loknath Chutia Appellant
VERSUS
STATE OF ASSAM AND ORS Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Heard Mr. P. Talukdar, learned counsel for the petitioner as well as Mr. A. Deka, learned counsel representing all the respondents.
(2.) Grievance expressed is in respect of the order dated 14.11.2011 issued by the Commissioner and Secretary to the Government of Assam, Elementary Education Department, rejecting the petitioner's claim for regular time scale of pay. Facts contended are that following Advertisement dated 03.09.1991 for appointment of Primary Teacher, the petitioner had undergone selection by the Sub-Divisional Advisory Committee, Dhemaji and was appointed vide order dated 09.06.1995 as a Primary Teacher at Ratua Primary School on stipendiary basis. Following her appointment, she was also transferred to other Primary Schools. In terms of the appointment order dated 09.06.1995, the petitioner had undergone Junior Basic Training, on being so deputed in the year 2002. She had successfully completed the Assam Junior Teachers Certificate Examination, 2002 from the Dhakuakhana Normal School and to that effect was also issued with the Certificate dated 11.06.2003. Thereafter, the petitioner made application to the Deputy Inspector of Schools, Dhemaji requesting grant of regular time scale of pay. The request so made was also brought to the knowledge of the Director of Elementary Education, Assam by the Deputy Inspector of Schools, Dhemaji vide letter dated 27.12.2005. As no steps was forthcoming, the petitioner had instituted WP(C) 687/2007, which was disposed of on 14.02.2007 with direction to the respondents to consider the case of the petitioner in terms of the existing Rules and guidelines. It was made clear that if upon consideration it was found that the petitioner is entitled to receive regular time scale of pay, she having completed the required training, the same shall be paid from the due date. The entire exercise was directed to be completed on or before 31.04.2007. On the same subject-matter the petitioner had also filed a separate writ petition i.e. WP(C) 3577/2011, which was not entertained by this Court. On record, the petitioner did not file any petition alleging violation of the Court's order dated 14.02.2007 passed in WP(C) 687/2007. Eventually, the impugned order dated 14.11.2011 came to be issued with the finding that the petitioner had been appointed against non-existent post. It was also observed that there were no records to show that she had been selected by the Sub-Divisional Level Advisory Board, Dhemaji. In the absence of any material to ascertain whether the petitioner was a selected candidate or not, order was passed rejecting petitioner's request for grant of regular time scale of pay, notwithstanding the fact that she had successfully undergone Junior Basic Training in the year 2002.
(3.) The State respondent have filed an additional affidavit dated 14.12.2016 and have brought on record the following facts. At paragraph 8 it is stated that a Screening Committee had been constituted to look into the cases of the Teachers who had been appointed between the period 1991 to 2001 throughout the State of Assam. In this regard, an Advertisement was also issued on 01.02.2012 by the Director of Elementary Education, Assam inviting application from such category of Teachers who expressed willingness for scrutiny of their respective claim. It is stated that the petitioner herein had also responded to the said Advertisement dated 01.02.2012 for scrutiny of claim and her name is reflected at Sl. No.02812 of the Screening List under Dhemaji district. It is also stated that the cases of the Teachers appointed during 1991 to 2001 were examined by a Preliminary Screening Committee and Report thereof has been sent to the Government. Further contention made is that the Government have further constituted Divisional Screening Committees vide Notification dated 04.06.2014 for the purpose of examining the Report of the Preliminary Screening Committee. The Report submitted by the said Divisional Screening Committees are pending final decision/ consideration by the State Government.;


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