Salary Arrears Can't Be Claimed For Period Of Honorary Service Prior To Prospective Regularization: Gauhati High Court

The Gauhati High Court has held that an employee cannot claim arrears of salary for honorary period of service prior to the order of regularization granting benefits only prospectively.

The Court was considering a Writ Appeal by which the Appellant’s prayer for being granted regular salary for his service period as an honorary teacher from the year 2000 till the regularization of his service in 2022 was dismissed.

The Division Bench of Justice Michael Zothankhum and Justice Anjan Moni Kalita observed, "The order dated 31.03.2022, giving regularization to the appellant’s service along with his Scale of Pay and allowances, has been made only with prospective effect from 31.03.2022. No challenge to the said order dated 31.03.2022 has been made by the appellant till date. On account of the fact that the order dated 31.03.2022 has attained finality as on date, without any challenge being made to the same by the appellant, we do not find any ground to interfere with the impugned order dated 03.08.2023 passed by the learned Single Judge."

The Petitioner was represented by Advocate A. R. Bhuyan, while the Respondent was represented by Advocate H. Baruah.

It was held in the impugned order that the Appellant, having accepted the terms and conditions of the appointment in 2000 as an honorary subject teacher, he could not retract from the same without challenging his appointment order. It was further held that the Writ Petition had been filed only on in 2023, i.e. after 23 years of service as an honorary teacher, claiming arrear salary from 2000 till the date of regularisation of his service.

The Appeal was accordingly dismissed.

Cause Title: Basanta Barman v. The State of Assam And Ors.

Appearances:

Appellant- Advocate A. R. Bhuyan, Advocate Sehanaz Lashkar, Advocate S Abdullah

Respondent- Advocate H. Baruah

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