PRABHAT CH BORA AND 12 ORS Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-12-6
HIGH COURT OF GAUHATI
Decided on December 04,2018

Prabhat Ch Bora And 12 Ors Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. A. Baruah, learned counsel for the petitioners and Mr. A. Deka, learned Standing Counsel for the Elementary Education Department.
(2.) All the petitioners herein were appointed on compassionate ground as per their respective orders of appointment, which are annexed as Annexure-A series to the writ petition. The appointments were invariably made sometime between the years 1995 and 2001. All the appointment letters specifically state that the appointments were on compassionate ground and that they would be entitled to a stipend of Rs.900/- per month or as determined by the Government from time to time and thereafter be sent for a Basic Elementary Training course. It is further stated that during the training period, the appointees will be paid the monthly stipend of Rs.900/-.
(3.) The appointment letters give the indication that upon successful completion of the Basic Elementary Training course, they will be paid the regular scale of pay. It is stated that in fact, all the petitioners having successfully completed the Basic Elementary Training Course are being paid the regular scale of pay. In this writ petition, by relying upon a subsequent order of the authorities dated 13.05.2010 when compassionate appointments were given to some other persons as Assistant Teachers, a regular scale of pay was paid from the day one. By referring to the said Office Memorandum, the petitioners seek to make out a case of discrimination to the extent that some similarly situated persons were given the scale of pay from the day one even though they were appointed on compassionate ground, but in case of the petitioners, they were initially paid a stipend of Rs.900/- per month and only upon completion of the Basic Elementary Training Course, they were paid the regular scale of pay.;


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