Gauhati High Court Upholds Dismissal of Arrear Salary Claim by Honorary Teacher

Basanta Barman's appeal for arrear salary during honorary service period dismissed; regularization order stands unchallenged.

In a significant judgment, the Gauhati High Court has dismissed an appeal by Basanta Barman, who sought arrear salary for his service period as an honorary teacher. The division bench, comprising Mr. Justice Michael Zothankhuma and Mr. Justice Anjan Moni Kalita, upheld the decision of the learned Single Judge, affirming the finality of the regularization order dated March 31, 2022, which was not challenged by the appellant.

Basanta Barman was appointed as an honorary teacher in Logic and Philosophy at Barama Higher Secondary School on July 12, 2000. His service was later regularized with prospective effect from March 31, 2022. The appellant's prayer for arrear salary from the date of his honorary appointment until the regularization was previously dismissed by the Single Judge on August 3, 2023. The court held that Barman accepted the terms of his honorary appointment and did not challenge the initial appointment order.

During the hearing, Mr. A. R. Bhuyan, counsel for the appellant, argued for the grant of arrear salary, while Ms. H. Baruah, representing the respondents, contended that there was no legal infirmity in the Single Judge's order. The High Court emphasized that since the appellant did not contest the regularization order, which was issued with prospective effect, it had attained finality, leaving no ground for interference.

The order dated March 31, 2022, clearly stated that Barman's regularization, including Scale of Pay and Grade Pay, would be effective from the date of the order. The court noted that Barman did not challenge this order, thereby accepting its terms.

The judgment underscores the importance of timely legal challenges and the acceptance of service terms. The appeal was dismissed, reinforcing the principle that unchallenged orders attain finality.

Bottom Line:

Service Law - Claim for regular salary during honorary service period - Appellant's prayer for arrear salary for his service period as an honorary teacher was dismissed as his appointment order was not challenged, and the regularization order was prospective, having attained finality.

Statutory provision(s): Assam Service (pension) rules, 1969

Basanta Barman v. State of Assam, (Gauhati)(DB) : Law Finder Doc Id # 2796486