Page No.# 1/4 GAHC010076532025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2034/2025 NISHANTA KUMAR BASISTHA S/O- LATE PRAMOD KUMAR SHARMA, PERMANENT R/O- HOUSE NO-04, CHILARAI PATH, BY-LANE NO 3, PUB SHANTI NAGAR, KAHILIPARA, GUWAHATI-781019, DIST- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, GUWAHATI, ASSAM-781006 2:THE DIRECTOR OF TECHNICAL EDUCATION DIRECTORATE OF TECHNICAL EDUCATION 2ND FLOOR KAHILIPARA GUWAHATI ASSAM-781019 3:THE DIRECTOR DIRECTORATE OF ACCOUNTS AND TREASURIES DISPUR GANESHGURI GUWAHATI-781006 ASSAM 4:THE PRINCIPAL KAMRUP POLYTECHNIC BAIHATA CHARIALI PIN-781381 DIST- KAMRUP ASSAM Page No.# 2/4 5:THE PRINCIPAL (I/C) ASSAM TEXTILE INSTITUTE AMBARI PIN-781001 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. M K CHOUDHURY, MRIDUNIL M KASHYAP,MR. M SARMA Advocate for the Respondent : SC, HIGHER EDU, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 23.04.2025 Heard Mr. M. Sarma, learned counsel for the petitioner and also heard Mr. A.R. Tahbildar, learned standing counsel, Higher Education Department, appearing for the respondent Nos.1—4. 2. The grievance being sought to be addressed in this petition by the petitioner is that he was serving as Lecturer in the Department of Mechanical (Auto) Engineering at Kamrup Polytechnic, Baihata Chariali, for the period w.e.f. 16.10.2024 till 16.01.2025 and initially he was engaged as Guest Faculty on 20.07.2019 and he continued in the same position and rendered his service in the Kamrup Polytechnic till his verbal release by the respondent No.4 on 15.10.2024 and thereafter, the petitioner was requested by the college authorities to render his service notwithstanding the purported release of his service and the release order was handed over to him on 18.01.2025 w.e.f. 15.10.2024 in spite of the fact that the petitioner had rendered his service for the aforementioned period and he has not been paid salary for the aforementioned period by the respondent authorities. 3. Mr. Sarma, learned counsel for the petitioner taking this Court to various Annexures Page No.# 3/4 from page Nos.27 to 51 submits that the petitioner was handed over the release order vide Memo No.Kam/Esstt/23-24/20(A), dated 18.01.2025 w.e.f. 15.10.2024 and taking this Court through the Annexure-G from page Nos.27 to 51, Mr. Sarma submits that his service was utilized by the respondent authorities till the date of handing over of the release order dated 18.01.2025 and the petitioner is entitled to receive salary for the aforementioned period for the service rendered by him and as such, Mr. Sarma contended to allow this petition by directing the respondent authorities to release the salary for the period w.e.f. 16.10.2024 till 16.01.2025. 4. Mr. Tahbildar, learned standing counsel for the Higher Education Department, on the other hand, produced written instruction before this Court and submits that the petitioner was engaged as a Part-Time Lecturer in Assam Textile Institute, Guwahati, against the sanctioned vacant post of Lecturer in Textile Technology, but he was attached to Kamrup Polytechnic, Baihata Chariali and his monthly remuneration was @Rs.900/- per hour class subject to maximum limit of Rs.72,000/- per month and as per the terms and conditions, service of Part-Time Lecturer may be terminated at any time without assigning any reason thereto and upon recommendation of Assam Engineering Service Recruitment Board, the Government of Assam in Higher Education (Technical) Department has appointed two nos. of regular teachers in Textile Technology, namely, Anuradha Barman and Kandarpa Kumar Nath, Assam Textile Institute, Guwahati and Kandarpa Kumar Nath had joined on 15.10.2024 as Lecturer (Textile Technology) at Assam Textile Institute, Guwahati against the vacant post and accordingly, the petitioner was released w.e.f. 15.10.2024 and that the petitioner had not submitted any work diary to the Principal, Kamrup Polytechnic for the period w.e.f. 16.10.2024 to 16.01.2025 and under such circumstances, Mr. Tahbildar submits that there is no merit in this petition and therefore, it is contended to dismiss the same. 5. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record and from Annexure-G at page Nos.27 to 51, it appears that the petitioner was engaged in various duties by the respondent authorities and also it appears that though communication was Page No.# 4/4 received about joining of new incumbent against the vacant post against which the petitioner was released on 15.10.2024, yet, the release order was handed over to the petitioner only on 18.01.2025. Thus, the documents so enclosed with the petition from page Nos.27 to 51, it appears that the service of the petitioner was utilized by the respondent authorities, but he has not been paid the salary for the aforesaid period. Accordingly, this Court is inclined to allow this petition by directing the respondent authorities to release the salary to the petitioner w.e.f. 16.10.2024 till 16.01.2025 within a period of 4(four) weeks from the date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of the order of this Court and shall place it before the respondent authorities within a period of one week from today. 6. In terms of above, this writ petition stands disposed of. 7. The instruction produced by Mr. Tahbildar, shall be part of the record. Comparing Assistant Sd/- Robin Phukan JUDGE