Page No.# 1/4 GAHC010137412025 2025:GAU-AS:13175 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3583/2025 MIR JOYNAL ABEDIN S/O LATE MIR ABDUL MOZID, R/O VILL- DR. ZAKIR HUSSAIN RAOD, WARD NO. 7, P.O., P.S. AND DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GHY-06 3:THE ACCOUNTANT GENERAL ASSAM BELTOLA DISPUR GHY-29 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 5:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-781019 Page No.# 2/4 6:THE DIRECTOR OF STATE COUNCIL OF EDUCATION RESEARCH AND TRAINING ASSAM KAHILIPARA GHY-19 7:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG MANGALDOI DIST- DARRANG ASSAM PIN-78412 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : SC, SEC. EDU., SC, SCERT, ASSAM,SC, FINANCE,SC, AG,SC, ELEM. EDU -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA 24.09.2025 Heard Mr. M. Khan, learned counsel appearing for the petitioner. Also heard Mr. P. Nayak, learned standing counsel for respondent No. 6 and Mr. U. Sarma, learned Standing counsel for Secondary Education Department representing respondent Nos. 1 & 4; and Mr. B. Sarma, learned counsel for respondent No. 3. 2. This instant writ petition has been filed by the petitioner for a direction to the respondent authorities to release the arrear salary, GIS, GPF and Leave Encashment of his deceased brother who was working as District Elementary Education Officer, Darrang at Mangaldoi. 3. It is seen that the petitioner had approached this Court earlier by filing WP (C) No.1126/2024, which was disposed of by this Court vide order, dated 04.03.2024 directing the Director of Elementary Education Page No.# 3/4 Department to carry out the verification of the claim of the petitioner and thereafter, to take necessary steps. 4. The learned counsel for the petitioner submitted that in terms of the aforesaid order when the petitioner approached the Director of Elementary Education Department, it was found that rather than Elementary Education, it should have been the Secondary Education Department which is the authority concerned. Thereafter, vide an order dated 26.05.2025 which was placed before this Court by way of an affidavit in Cont. Cas (C) No. 400/2024, the Elementary Education Department had rejected the claim pointing out the mistake. 5. From the aforesaid order, it is discernible that Secondary Education Department is actually the Department which will settle the retirement benefits of the petitioner. 6. Mr. P. Nayak, learned counsel for respondent No. 6 also submitted that the Secondary Education Department is the appropriate authority in the instant matter. 7. This Court has also seen the order passed earlier on 26.05.2025, wherein, the petitioner was directed to approach the Elementary Education Department. 8. In view of the above factual situation and the order passed by the Director of Elementary Education Department, since the proposal for settlement of the benefits of the petitioner is already before the Secondary Education Department, the Secondary Education Department is directed to settle the retirement benefits of the petitioner at the earliest possible date. The aforesaid exercise shall be carried out by the Secondary Education Page No.# 4/4 Department within a period of 3 (three) months from the date of passing of this order. In view of the above observations, this writ petition stands disposed of. JUDGE Comparing Assistant