WP(C) 6853/2010 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY The 3 petitioners are serving as Subject Teachers in different Higher Se condary Schools of Nagaon district after they were appointed by an order dated 2 6.3.2001 on a Fixed Pay of Rs.4300/- per month. For the record, Biraj Bhushan Bo rah (petitioner No.1) joined on 29.8.2001 in Chapanala H.S. School; the petition er No.2, Pradip Chandra Bhuyan joined on 31.3.2001 in Dabaka H.S. School; and t he petitioner No.3 Mrs. Anjana Saikia Bora joined on 28.3.2001 in Besamari M.I. H.S. School. 2. Subsequently the Director of Secondary Education, Assam, (DSE) by order dated 13.9.2005 allowed the petitioners along with 30 other Subject Teachers, to draw Scale Pay at Rs.4300/- to Rs.11,025/- per month from their respective date s of joining. But the arrear salary in the regular Pay Scale prior to September, 2005 had not been disbursed prompting the petitioners to move this Court, as si milarly situated Subject Teachers have been disbursed regular Pay Scale from the ir respective dates of joining. 3. Since the petitioners received only at fixed rate Pay till August 2005, they are claiming the differential Pay from their respective dates of joining un til September 2005. 4. Mr. H.K. Sarma, learned counsel for the petitioners has referred to an o rder passed by this Court on 3.4.2009 in WP(C) 924/2008 (Shri Jayanta Sarma and others vs. State of Assam as others) which is enclosed as Annexure-9 of the wri t petition to submit that this Court for similarly situated petitioners, had dir ected the Commissioner and Secretary, Government of Assam to take necessary step s for disbursement of the differential salary to the petitioners therein from th eir respective dates of joining, if there is no other impediment in law for disb ursement of the arrear salary. 5. Mr. S.K. Das, learned Standing Counsel for the Education Department is a greeable to passing of a similar order for these writ petitioners as in Jayanta Sarma (Supra) and the payment of the differential arrear salaries, subject to proper verification. 6. In view of the above submissions and having regard to the materials avai lable in the case record, I consider it appropriate to issue the same direction to the respondents to enquire into the petitioners’ claim for arrear salary and if the claim is found to be justified, to take necessary steps for disbursement of the differential salary from their respective dates of joining until August, 2005, as during the said period they were paid only Fixed Pay at Rs.4300/- per m onth. The necessary exercise in this regard be completed within a period of 4 mo nths from the date of receipt of a certified copy of this Court’s order. It is o rdered accordingly. 7. The writ petition is disposed of with the above order.