Page No.# 1/4 GAHC010149382021 2025:GAU-AS:6504 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5149/2021 KULDWIP NATH S/O SRI NRIPEN CH. NATH, R/O VILL. BASHBARI, P.O. NORTH BOITAMARI, P.S. AND DIST. BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE LEGAL REMEMBRANCER AND SECY. TO THE GOVT. OF ASSAM, JUDICIAL DEPTT., ASSAM SECRETARIAT, DISPUR, GUWAHATI 781006 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 781006 3:THE CHIEF JUDICIAL MAGISTRATE BONGAIGAON DIST. BONGAIGAON ASSAM PIN 78338 For the Petitioner(s) : Mr. S. Khound, Advocate For the Respondent(s) : Mr. B. Gogoi, SC, Finance : Mr. H. K. Das, SC, GHC Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 22.05.2025 Heard Mr. S. Khound, the learned counsel appearing on behalf of the petitioner and Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the respondent Nos. 1 and 2. I have also heard Mr. H. K. Das, the learned Standing counsel appearing on behalf of the respondent No.3. 2. The petitioner herein had approached this Court by filing the present writ petition seeking a direction for release of his arrear salary/remuneration from the month of September, 2018 to December, 2019 i.e. for a period of 16 months amounting to Rs.1,44,000/-. The petitioner further has sought for a writ in the nature of mandamus that the petitioner should be regularized in his service in a sanctioned Grade- IV post. 3. At the outset, Mr. S. Khound, the learned counsel submitted that as the petitioner was discharged from service w.e.f. August, 2022, the petitioner would not like to press the second prayer as regards regularization of his service. However, he submitted that the petitioner was performing his duties as directed from the month of September, 2018 to December, 2019 for which the petitioner entitled to his arrear salary which have been unduly withheld. 4. This Court further takes note of the order passed by this Court on 01.05.2025 wherein this Court in view of the statements made in paragraph No.12 of the affidavit-in-opposition filed by the respondent Page No.# 3/4 No.3 to the effect that there were no materials available that the petitioner was engaged from the month of September, 2018 to December, 2019 sought for instructions from the learned Standing counsel of the Gauhati High Court as to on what basis, the said statements has been made more particularly in view of the enclosure to Annexure-R2 of the affidavit-in-opposition filed by the respondent No.3. 5. This Court further enquired with Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the respondent Nos. 1 and 2 as to whether there was any financial sanction granted for the engagement of the casual employees in the Chief Judicial Magistrate, Bongaigaon during that relevant period. 6. Mr. H. K. Das, the learned Standing counsel submitted that after the order being passed by this Court on 01.05.2025, rigorous search was made and thereupon, in the Contingency Attendance Register, it was found that the petitioner has duly worked during this period from the month of September, 2018 to December, 2019. 7. Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the Finance Department of the Government of Assam drew the attention of this Court to Annexure-18 of the writ petition and submitted that during this period, there was financial sanction of five numbers of casual employees in the establishment of the Chief Judicial Magistrate, Bongaigaon. 8. Taking into account that the petitioner had been discharging his duties from the month of September, 2018 to December, 2019 and there was financial sanction in that regard, depriving the petitioner of his dues, Page No.# 4/4 violates the mandate of Article 14 of the Constitution. 9. Consequently, this Court therefore disposes of the instant writ petition with a direction to the respondent Nos. 1 and 3 to take effective steps so that the petitioner is paid his dues from the month of September, 2018 to December, 2019. The said exercise be completed within a period of 2 (two) months from the date a certified copy of this order is served upon the respondent No.3. 10. With above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant