Can't Claim Salary Arrears For Period Of Honorary Service Prior To Prospective Regularization: Gauhati HC

A Division bench of the Gauhati High Court comprising JusticeMichael Zothankhuma and Justice Anjan Moni Kalita held that an employee cannot claim arrear salary for honorary service prior to regularization if the appointment conditions were accepted and regularization order granted benefits only prospectively. Background Facts The appellant was appointed as a Subject Teacher for Logic and Philosophy. He was appointed on an honorary basis at Barama Higher Secondary School, Barama, by order dated 12.07.2000 passed by the Principal of the School in pursuance of the Governing Body's Resolution No. 6 dated 03.03.2000. The appellant continued to serve as an honorary teacher for more than two decades. Later the service of the appellant was regularized against the post of Post Graduate Teacher in Logic and Philosophy, converted from the post of Post Graduate Teacher in Assamese. It was specified that the regularization, along with scale of pay and grade pay would take effect prospectively from the date of the order. Aggrieved, the appellant filed a writ petition seeking arrear salary for the period from 12.07.2000 till the date of regularization of service. The writ petition was dismissed by the Single Judge on 03.08.2023. It was held that the appellant had accepted the terms of honorary appointment, therefore, could not claim regular salary for the past period without first challenging the appointment order. Aggrieved by the same, the appellant filed the intra-court appeal challenging the order dated 03.08.2023. It was submitted by the petitioner that the order dated 03.08.2023 of the Single Judge erred in law by not granting him arrear benefits. On the other hand, it was submitted by the respondents that there was no illegality in the decision of the Single Judge dismissing the writ petition. It was contended that the petitioner had accepted his appointment as an honorary teacher under the appointment order dated 12.07.2000 and had never challenged the terms and conditions of that appointment at any point of time. Findings of the Court It was observed by the court that the appellant had been appointed as a Subject Teacher on an honorary basis by order dated 12.07.2000 and had accepted the terms and conditions of such appointment without challenge. It was held that after accepting the conditions, the appellant could not now seek to retract from the terms of his appointment without first challenging the original order of appointment. It was further observed that the order dated 31.03.2022, by which the appellant's services were regularized, provided that the regularization along with pay scale, grade pay, and allowances would be effective only prospectively from the date of the order. The appellant had not challenged this regularization order and it had therefore attained finality. It was held by the court that in absence of any challenge to the regularization order, no claim for arrear salary for the period prior to 31.03.2022 could be entertained. It was concluded by the court that there were no grounds to interfere with the order dated 03.08.2023 passed by the Single Judge. With the aforesaid observations, the appeal filed by the appellant employee was dismissed by the court. Case Name : Basanta Barman v. State of Assam & Ors.Citation: 2025 LiveLaw (Gau) 49 Case No. : WA/284/2025 Counsel for the Petitioner : Sehanaz Laskar, S Abdullah Counsel for the Respondents : SC, BTC, SC, FinanceClick Here To Read/Download The Order

Can't Claim Salary Arrears For Period Of Honorary Service Prior To Prospective Regularization: Gauhati HC

Namdev Singh

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