WP(C) 1501/2007 BEFORE HON’BLE MR JUSTICE HN SARMA None payment of the revised scale of pay to the husband of the petitioner as Vic e Principal for the period from 1.1.96 to 31.3.96 and non finalisation of the pe nsionary benefit to the husband of the petitioner are the subject matter of cont roversy that has been raised in this writ petition. I have heard Mr. K. Bhuyan, learned counsel for the petitioner and Mr. Goswami, learned Standing counsel, Education Department. The case of the husband of the petitioner interalia is that the husband of the petitioner was appointed as Asstt. Graduate Teacher in Tarabari High School wher e he joined on 1.3.65. After rendering about 21 years of service, the Director S econdary Education vide order dated 26.11.96 allowed the husband of the petition er to officiate as Asstt. Headmaster of the school. While the husband of the pet itioner was functioning as such, the school was converted into Higher Secondary level and post of the husband of the petitioner was described as In-charge Vice Principal with effect from 1.10.91 and since then the husband of the petitioner was discharging his function as Vice Principal of the school till his date of s uperannuation on 31.3.96. The pay scale of the said employees has been revised b y the Govt. with effect from 1.1.96 and the pay scale of Vice Principal was enha nced to Rs. 4,300/- - 11,250/- from the existing scale of pay of Rs. 1785/- - 4 ,200/-. Accordingly, the claim made in this writ petition is that the husband of the petitioner was entitled to get the revised scale of pay @ Rs. 4,200/- 11,02 5/- with effect from 1.1.96 to 31.3.96 till his superannuation on 31.3.96. Altho ugh the petitioner was allowed to serve as In-charge Vice Principal of the schoo l, his service as Vice Principal was regularized only after retirement vide orde r dated 7.10.97. The said order is quoted herein below : In continuation of this office order No. GB/EST/34/85/68 dt. 26/11/86 and No.- PC/Sec/23/91/Pt/17, dt. 30/12/91 the undersigned reqularised the appointment of Sri Nawsher Khan as Vice-principal Tarabari H.S. School with effect from 1/10/91 to 31/3/96 in the scale of pay of Rs. 1785-4200/- p.m. plus other allowances as admissible to enable him to get the retirement benefit against the post created vide Govt. letter No.-EPG.567/91/112, dt. 16/11/91 However, there was some excess drawal and while the husband of the petitioner wa s serving as Vice Principal of the school, it was eventually recovered by the de partment and there is no grievance to that effect as on date. The husband of the petitioner though claimed his salary from 1.1.96 to 31.3.96 u nder the revised pay scale, the same was not affected to by the respondent autho rities. In the meantime, the husband of the petitioner expired on 3.5.07 after prolonged illness and as such vide order dated 17.8.07 passed in MC No. 2649/07, the present petitioner who is the wife of the petitioner was allowed to be sub stituted. Mr. Bhuyan, learned counsel submits that the service of the petitioner as Vice P rincipal having been regularized by the Director of Higher Education with effect from 1.1.96 to 31.3.96, the petitioner is entitled to get the revised scale of pay w.e.f. 1.1.96 to 31.3.96 but the same is denied to the incumbent. Faced with such situation, Mr. Bhuyan, learned counsel submits that though in th e order dated 7.10.97 the pay scale of Rs. 1785/- to 4200/- has been reflected but revised pay scale which was revised w.e.f. 1.1.1996 has not been referred. Although the learned Standing counsel, Education department claims to have filed the counter stating the same but the same is not referred. Office note dated 22 .9.09 discloses that the said counter affidavit has not been received by the s ection concerned. However, Mr. Goswami, learned Standing counsel on the basis of the instruction received made his submission. Mr. Goswami submits that the Dire ctor of Pension returned the pension paper of the husband of the petitioner as t he service of the husband of the petitioner was regularized with retrospective e ffect. The husband of the petitioner herein was allowed to officiate as Vice Principal of the school in the Higher Secondary level with effect from 30.12.91 and the he continued in the said capacity as Vice Principal till his superannuation i.e., 31.3.96. The husband of the petitioner was also duly selected by the competent a uthority for being appointed as Vice Principal in the said school vide select l ist dated 25.5.95. The husband of the petitioner was also accorded necessary fi nancial power by the inspector of schools while the husband of the petitioner w as in service no expressed order of regularization of regularization of service as Vice Principal has been passed by the authority which is not the fault of the petitioner. Such order or regularization of service was issued only after super annuation vide order dated 7.10.97 which in fact ought to have been issued while the husband of the petitioner was in service. The pay scale of the Vice Princip al was also revised w.e.f. 1.1.96 and the husband of the petitioner retired from service three months thereafter. The revised scale of pay was also entered into the service book of the husband of the petitioner. In such a situation, there i s no justification to deny the benefit of revised scale of pay and the same sho uld be paid to the incumbent of the post. No counter affidavit has been filed on behalf of the Director of Pension justify ing the stand who is impleaded as respondent No.3. It is submitted by Mr. Goswa mi, learned Standing counsel that the respondent No.3 returned the pension paper of the incumbent on the ground that the regularization of the husband of the pe titioner with retrospective effect is not correct inasmuch as by the said order on the date of holding the post by the husband of the petitioner, he was selecte d for the post of Vice Principal but due to lapse of the department it was pass ed only after superannuation of the husband of the petitioner and the said order is not an order of regularization with retrospective effect. Further, the afore said order of regularization cannot stand on the way of the incumbent to get the pensionary benefit which is entitled under the law. In view of the above discussion, it is directed that the respondent authorities shall sanction the revised scale of pay payable to the husband of the petition er w.e.f. 1.1.96 to 31.3.96 and allow to be withdrawn by the petitioner. The re spondent authorities, more particularly respondent No.3 is further directed to p ass necessary orders for payment of pensionary benefit payable to the incumbent in accordance with Rules on the basis of the revised scale of pay. The Director of Pension, Assam is directed to finalise the pension of the husband of the pet itioner within a period of thirty days from the date of receipt of the necessary papers which would be forwarded to him by the respondent No. 2 and 4 within thi rty days from the date of receipt of the copy of this judgment. The arrear of pay shall be paid by the authorities within a period not less than forty five d ays from the date of receipt of the order. With the above direction, this writ petition stands allowed.