WP(C)/5067/2025 of SUNESWARI NOLBARIA Vs THE STATE OF ASSAM AND 3 ORS on 28 May 2026

ORDER

29.05.2026 Heard Mr. S.B. Laskar, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned Standing Counsel for the Secondary Education Department. The petitioner in the present writ petition was initially appointed as an Assistant Teacher at Pahumara L.P. School by order dated 28.06.2013 issued by the Director of Elementary Education, Assam. The petitioner joined her service in the said post in the pay scale of Rs.5,200/- – Rs.20,200/- with Grade Pay of Rs.2,500/- per month, along with other allowances admissible under the Rules. The petitioner thereafter participated in another selection process, after obtaining the requisite NOC, and upon being found suitable for selection and appointment, was appointed by order dated 19.04.2017 at Kotoha Tribal M.E. School. By order dated 01.11.2017, the Kotoha Tribal M.E. School, the Kotoha Government Senior Basic School and the Kotoha High School were amalgamated and the institution was thereafter known as Kotoha High School.

It is the case of the petitioner that she was not granted pay protection at the time of her appointment in 2017, and her past service rendered as a teacher under the same State Government pursuant to the order dated 28.06.2013 has been ignored by the respondents, thereby causing her financial loss. To this end, the petitioner had submitted a representation dated 28.05.2018, which was forwarded by the Inspector of Schools to the Director of Secondary Education by communication dated 06.09.2018. It is the grievance of the petitioner that she had been granted the benefit of mutual transfer from Kotoha High School to Sree Bangur High School. The learned counsel for the petitioner submits that since the representation of the petitioner has not been disposed of till date, appropriate directions may be issued to the respondent authorities to consider the petitioner’s case and pass appropriate orders thereon. It is further submitted that at this stage, the stand of the respondents in delaying the petitioner the benefit of pay protection is not clear, particularly in view of the fact that no affidavit-in-opposition has been filed by the respondents despite notices having been issued as far back as 01.09.2025. Mr. U. Sarma, learned counsel appearing for the Secondary Education

Department, has submitted that he is awaiting instructions in the matter. In view of the submissions made by learned counsel for the petitioner, this Court is of the view that awaiting instructions from the respondents at this stage would only result in further prolongation of the adjudication of the petitioner’s grievance. Since a prayer has been made on behalf of the petitioner that the matter be remanded to the respondent authorities for taking a decision within a specified time frame, and as the learned counsel appearing for the State respondents does not object to the same, this writ petition is disposed of by directing the Director of Secondary Education to take on record the representation dated 28.05.2018, which was forwarded by the Inspector of Schools by communication dated 06.09.2018, and to pass necessary orders thereon, either accepting or rejecting the petitioner’s claim for pay protection. The learned counsel for the respondents has submitted that the application filed in the year 2018 may require further supporting documents from the petitioner. Accordingly, this Court also grants liberty to the petitioner to file a detailed application along with all relevant documents before the Inspector of Schools, Dibrugarh, within a period of 15 days from today, along with a certified copy of this order, including copies of the earlier representation. The said documents shall thereafter be forwarded by the Inspector of Schools, after due scrutiny, to the Director of Secondary Education. The Director of Secondary Education shall thereafter pass necessary orders as already directed by this Court. The entire exercise of consideration of the petitioner’s case shall be completed within a period of 2 (two) months from the date of receipt of the certified copy of this order by the office of the Inspector of Schools, Dibrugarh. The writ petition is accordingly disposed of. No order as to costs.

JUDGE Comparing Assistant