Page No.# 1/5 GAHC010017292024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/469/2024 CHAND MAHAMMAD S/O- LATE SAMIR ALI, R/O- NARIKUCHI, P.O. AND P.S. GHOGRAPAR, DIST. NALBARI, ASSAM, PIN- 781369. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM 4:THE PRINCIPAL/IN-CHARGE PRINCIPAL OF BARAJOL HIGHER SECONDARY SCHOOL P.O. BARAJOL PIN- 781369 NALBARI ASSAM 5:DIPAK KUMAR HALOI POST GRADUATE TEACHER BARAJOL HIGHER SECONDARY SCHOOL P.O. BARAJOL DIST. NALBARI Page No.# 2/5 PIN- 781369 ASSAM 6:JULI DAS POST GRADUATE TEACHER BARAJOL HIGHER SECONDARY SCHOOL P.O. BARAJOL DIST. NALBARI PIN- 781369 ASSAM 7:HAIDARUL ISLAM POST GRADUATE TEACHER BARAJOL HIGHER SECONDARY SCHOOL P.O. BARAJOL DIST. NALBARI PIN- 781369 ASSA Advocate for the Petitioner : MR. M U MAHMUD, MR S H MAHMUD,MR S ISLAM,MR. S. SUR Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 26.05.2026 Heard Mr. M.U. Mahmud, learned Counsel for the petitioner and Ms. H. Terangpi, learned Standing Counsel for Secondary Education. By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus directing the authorities to pay the arrear salaries from 26.07.2021 to 22.12.2022 as well as past arrear salaries from 01.12.2004 to 28.02.2006 and also with a prayer to appoint him as In- Charge Principal of Barajol Higher Secondary School till a regular Principal is appointed. The case of the petitioner is that he was appointed as an Assistant Teacher of Bam Bidyapith High School in the district of Cachar vide order dated 28.05.1992. Page No.# 3/5 Thereafter he was transferred and posted in Ghograpar High School, Nalbari by order dated 08.10.1998. However, the petitioner states that he went to join the said school namely Ghagrapar High School, Nalbari, but he could not join in the said post of Assistant Teacher in the said school since the post to which he was transferred and posted was already filled up and as such the Director of Secondary Education, Assam, by a letter to the Inspector of Schools, Nalbari requested to adjust the petitioner in some vacant post of Assistant Teacher. Thereafter, the petitioner was allowed to join against the vacant post of Assistant Teacher in Barajol Higher Secondary School vide order dated 22.05.2006. Thereafter, the petitioner was allowed to hold the post of Principal In-Charge vide order dated 01.07.2021 in Barajol Higher Secondary School but while he was working as In- Charge Principal, a misconduct was noticed to the effect that he himself prepared the seniority list of the teachers of the school and signed the same on 19.04.2021 without any authority. For the alleged misconduct, a departmental proceeding was called for and during the pendency of the departmental proceeding, the petitioner was placed under the suspension and he was allowed to receive the subsistence allowance vide order dated 26.07.2021. It is the further case of the petitioner that during the pendency of the departmental proceeding, the Enquiry Officer submitted an enquiry report on 28.04.2022, wherein a suggestion was made for imposing punishment of stoppage of one annual increment upon the petitioner and on the basis of the said suggestion, one annual increment was stopped and without prejudice to the ongoing departmental proceeding, the petitioner was reinstated in his service in his original post of Assistant Teacher of Barajol Higher Secondary School. The learned Counsel for the petitioner submits that the petitioner being reinstated in his services in the original post of Assistant Teacher, his arrear salary should have been paid and that his subsequent annual increment should also be Page No.# 4/5 released to him. Being allegedly aggrieved, the petitioner submitted a representation before the Director of Secondary Education, Assam which was undated, and the same was not replied. The learned Counsel for the petitioner further submits that the petitioner was not paid his arrear salary from 01.09.2004 to 28.02.2006 and that he has placed a letter written by the Headmaster to the Director of Secondary Education, Assam wherein the Headmaster requested for funds for payment of arrear salary to the petitioner i.e. from 01.09.2004 to 28.02.2006. It is also the case of the petitioner that in the enquiry report, it was stated that petitioner had done the alleged misconduct on being misled by one Tarun Barman, who was working as Senior Assistant, Inspector of Schools, NDC, Nalbari. It is further stated that in the report of the Enquiry Officer that the petitioner was held guilty and the departmental proceeding was concluded and a minimum punishment of stoppage of one annual increment with cumulative effect was imposed upon him. It is further stated that while reinstating the petitioner in his original post of Assistant Teacher in Barajol Higher Secondary School, the period of suspension was regularized but the same was only for pensionary benefits but the learned Counsel for the petitioner submits that the copy of the enquiry report was not furnished to him. In the facts and circumstances of the case, the petitioner is as such directed to submit a representation before the Secretary, Government of Assam, School Education bringing into his notice the said facts and for release of his arrear salary for the period from 01.09.2004 to 28.02.2006 as it is not known what happened after the Headmaster wrote the letter to the Director of Secondary Education, Assam requesting for funds with further prayer for awarding the annual increment for the subsequent years. The concerned authority may dispose of the representation submitted by him Page No.# 5/5 within a period of two months from the date of receipt of this order. Petition is disposed of. JUDGE Comparing Assistant