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2025 DAILYLAW 15503 (GAU)

MD. FARUK AHMED LASKAR v. THE STATE OF ASSAM AND 5 ORS

WP(C)/3780/2024 · 2025-03-16

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010147412024 2025:GAU-AS:2720 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3780/2024 MD. FARUK AHMED LASKAR S/O- LT. AJMAJ ALI LASKAR, KARIMGANJ, HINDI TEACHER OF A.S.B. MEMORIAL M.E. SCHOOL, UNDER KATLICHERRA BLOCK, DISTRICT- HAILAKANDI, ASSAM, PIN- 788151. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI, KAMRUP(M), ASSAM, PIN- 781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE SECRETARY FINANCE (SIU) DEPARTMENT DISPUR GUWAHATI KAMRUP(M) ASSAM Page No.# 2/5 PIN- 781006. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DISTRICT- HAILAKANDI ASSAM PIN- 788151. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER KATLICHERRA DISTRICT- HAILAKANDI ASSAM PIN- 781661. 6:THE HEADMASTER OF A.S.B. MEMORIAL M.E. SCHOOL UNDER KATLICHERRA BLOCK DISTRICT- HAILAKANDI ASSAM PIN- 788151 Advocate for the Petitioner : MRS A BUJARBARUAH, MS A.SARMA Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 17-03-2025 Heard Mrs. A Bujarbaruah, learned counsel for the petitioner. Also heard Mr. PK Borah, learned counsel for the Elementary Education Department. 2. The petitioner’s case is that the petitioner has not been paid his arrear salary from November 2020 to February 2022 amounting to Rs.6,13,903/-, while Page No.# 3/5 working as Hindi Teacher in A.S.B. Memorial School Hailakandi, Aranaypur School. 3. Mr. PK Borah, learned counsel for the Elementary Education Department has submitted letter No. EAA/B/55/2023/53 dated 01.03.2025 issued by the Director of Elementary Education, Assam and which is addressed to the Secretary to the Government of Assam, Department of School Education, Dispur, Guwahati requesting the Government to accord sanction Rs.6,23,376/- as arrear salary payable to the petitioner. 4. The letter dated 01.03.2025 is made a part of the record and marked as Annexure-’X’. The contents of the said letter dated 01.03.2025 is also reproduced herein below as follows:- “To, The Secretary to the Govt. of Assam, Department of School Education. Dispur, Guwahati-06, Sub: Proposal for payment of arrear salaries in respect of Faruk Ahmed Laskar in connection with WP(C) 3784/2024. Ref: DEEO, Hailakandi letter No. DEH/Arrear salary/2024/713, dtd. 07/01/2025 Sir, With reference to the subject cited above, I would like to furnish herewith an arrear salary proposal alongwith Non Page No.# 4/5 Drawal Certificate (in original) duly countersigned by T.O. concerned in respect of Faruk Ahmed Laskar in connection with WP©3784/2024 for an amount of Rs.6,23,376/- (Rupees Six Lakh Twenty Three Thousand Three Hundred Seventy Six) only for the period from 01/11/2020 to 28/02/2022 of earned leave period of the UP School teacher concerned under Katlicherra Educational Block as received from the DEEO, Hailakandi vide his letter under reference (copy enclosed). I would therefore, request the Govt. kindly to accord sanction for an amount of Rs.6,23,376/- (Rupees Six Lakh Twenty Three Thousand Three Hundred Seventy Six) only out of the budget provision provided under the Head of Account "2202-General Education-01-Elementary Education-101-Govt. Primary Schools-0165-Government Middle School-000-(No Sub Sub Head)-01-Salaries-12-Arrear Salary/DA (EE)" during the year 2024-25. This is for favour of Govt. kind information and necessary action. Enclosed: As stated above.” 5. In view of the fact that the respondents have admitted that they are liable to pay the arrear salary of Rs.6,23,376/- to the petitioner in terms of the above letter, the respondents are directed to pay the same within a period of 2 (two) months from the date of receipt of a certified copy of this order. Page No.# 5/5 6. The writ petition is disposed of accordingly. JUDGE Comparing Assistant