Page No.# 1/3 GAHC010121162024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3114/2024 ABDUS SAMAD S/O- LATE BUDU SHEIKH, R/O- MADHUPUR, P.O. LALPUL, DISTRICT- DARRANG, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG MANGALDAI 4:THE BLOCK ELEMENTARY EDUCATION OFFICER DALGAON SIALMARI BLOCK DALGAON 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MR. D F A AHMED, MR. J LASKAR Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 17.02.2025 1. Heard Mr. D.F.A. Ahmed, learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned counsel for the Elementary Education Department. 2. The petitioner’s case is that he has not been paid his arrear salary for the period from 16.11.2019 to 28.02.2021, even though he is working as Assistant Teacher in the Barangabari Dakhin Chuba L.P. School. 3. Mr. P.K. Bora, learned counsel for the Elementary Education Department has submitted a letter dated 05.12.2024 issued by the Director, Elementary Education, Assam, which is to the effect that the DEEO, Darrang had submitted the arrear salary proposal in connection with the present case, amounting to Rs.3,86,824/- for payment of the arrear salary of the petitioner. The Director, Elementary Education, Assam in his letter dated 05.12.2024 also stated that as there is no sufficient Budget provision, necessary proposal will be submitted to the Government to accord sanction for Rs.3,86,824/-, after making Budget provision under the respective Head of Account by way of a supplementary demand during the financial year 2024 – 2025. 4. On considering the letter dated 05.12.2024 issued by the Director, Elementary Education, Assam, this Court finds that the State respondents have admitted that they are liable to pay to the petitioner the said amount of Rs.3,86,824/-. The Director has also made a proposal that a Supplementary Demand would be made during the present financial year, for payment of the Page No.# 3/3 arrear salary of the petitioner. 5. The letter dated 05.12.2024 issued by the Director, Elementary Education, Assam, is made a part of the record and marked as Annexure-X. 6. In view of the letter dated 05.12.2024 issued by the Director, Elementary Education, Assam, the Director is directed to make a Supplementary Demand and submit the same to the Secretary to the Government of Assam, School Education Department for Rs.3,86,824/-, within a period of 1 (one) week from the date of receipt of a certified copy of this order. Thereafter, necessary approval and sanction should be given by the Secretary to the Government of Assam, School Education Department and the respondent no.5, for payment of the admitted arrear salary of the petitioner. The entire exercise should be concluded within a period of 5 (five) weeks from the date of receipt of a certified copy of this order by the respondents. 7. The writ petition is accordingly disposed of. JUDGE Comparing Assistant