BIRENDRA KALITA Vs. STATE OF ASSAM
LAWS(GAU)-2018-2-63
HIGH COURT OF GAUHATI
Decided on February 23,2018

Birendra Kalita Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. R. Sarma learned counsel for the petitioner. Also heard Mr. S.P. Bhattacharee, learned standing counsel for the Secondary Education Department.
(2.) The petitioner who was serving as Headmaster of Bishnujyoti M.E. School, Nalbari district, superannuated from service on 31.01.2015.
(3.) The Finance & Accounts Officer in the Director of Pension, Assam had made a communication dated 15.09.2017 to the District Elementary Education Officer, Nalbari that by an appropriate order dated 20.04.1995, the graduate scale of pay was allowed to the under graduate Headmaster of M.E. School w.e.f. 01.01.1989. But in the case of the petitioner, the graduate scale was allowed from the date of provincialisation. Accordingly, a revised pensionary proposal is being sought for by the Finance & Accounts Officer. No indication has been given in any of the orders that the petitioner was given the graduate scale of pay from the date of provincialisation because of any fault of his or that there was a role of the petitioner in causing a manipulation, which resulted in the petitioner receiving the graduate scale of pay from the date of provincialisation.;


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