WP(C)/1884/2022 of KHALILUR RAHMAN DEWAN Vs THE STATE OF ASSAM AND 3 ORS on 4 June 2026

ORDER

Date : 05.06.2026 Heard Ms. N. U. Laskar, learned counsel for the petitioner. Also heard Mr. P. B. Dutta, learned Standing Counsel, Secondary Education Department, Assam. 2] At the outset, the learnd counsel for the petitioner submits that it is a covered case similar to the order passed in WP(C) No. 1846/2022, and thus prays for similar direction. 3] In this writ petition, the grievance of the petitioner is that, in view of his qualification, he has claimed that he is entitled to a grade pay of Rs. 3,300/- which is given to the senior classical teacher with effect from his date of joining as Arabic Teacher at Kapila Pubpara High Madrassa under Bongaigaon District. 4] It is submitted that an enquiry was conducted and recommendation was made by the Director of School Education Department, Assam, Kahilipara, Guwahati -19 who then forwarded the recommendation to the Commissioner and Secretary to the Govt. of Assam, Education (Secondary) Department on 19.10.2013. 5] In respect of the claim of the petitioner, the respondents have not filed any counter affidavit. However, the learned Standing Counsel, Education (Secondary) Department, Assam submits that the petitioner is not entitled to get the said benefit as he lacked qualification as per the Assam Provincialisation of Service (Amendment) Rules, 2012. 6] After hearing the learned counsel for the parties and having considered the facts and circumstances of the case, this writ petition is disposed by directing the respondent authorities to examine the claim of the petitioner in terms of the claim made by the petitioner, more particularly, in view of the recommendation made by the Director (Secondary) Education Department, Assam dated 19.10.2023 to the Commissioner and Secretary to the Govt. of Assam, Education (Secondary) Department, Assam as stated above. 7] The learned counsel for the petitioner submits that the petitioner has submitted a representation before the Minister of Education, Assam to facilitate the respondents to consider the case of the petitioner but the same has not been considered till date. 8] In view of the above, the petitioner shall file a fresh representation alongwith the writ petition and its enclosures before the Commissioner & Secretary to the Govt. of Assam, Education (Secondary) Department within a period of 2 (two) weeks from today. Upon receipt of such representation, the Commissioner & Secretary to the Govt. of Assam, Education (Secondary) Department shall consider and pass appropriate order expeditiously within a period of 3 (three) months from the date of receipt of the representation from the petitioner. 9] With the above observation and direction, this writ petition is disposed of. JUDGE Comparing Assistant