(1.) Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. N.J. Khataniar, learned Standing Counsel for the Elementary Education Department, being respondent Nos.1 - 3, Mr. S. Bora, learned standing counsel, SSA, appearing for the respondent No.4 and Mr. A. Chaliha, learned Standing Counsel for Finance department, being respondent No. 5.
(2.) In this petition, under Article 226 of the Constitution of India, the petitioners have challenged the order, dtd. 1/9/2022, issued under Memo No.PMA.52/2020/Pt./30-A by the Secretary to the Govt. of Assam, Elementary Education Department and/or any other consequential order(s)/ action(s) and/ or to issue direction to the respondent authority to release the arrear 5% Dearness Allowance/ Dearness Relief from July, 2019 to December, 2021 and 11% and 3% Dearness Allowance/Dearness Relief from July, 2021 to August, 2022 payable to the members of the petitioner Association who have been working as Assistant Teacher in different Lower Primary/Upper Primary schools in the State of Assam.
(3.) The background facts, leading to filing of the present petition, is briefly stated as under:-