Page No.# 1/4 GAHC010172742024 2025:GAU-AS:1723 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4335/2024 JITENDRA KUMAR SARMA SON OF LATE DINESH CHANDRA SARMA, RESIDENT OF VILLAGE- NANDAGAON, P.O.- BHADRA, P.S.- NALBARI, DISTRICT- NALBARI, ASSAM. HEADMASTER (TUTOR) OF AMAYAPUR ALENGIDAL ADARSHA UCCHCHA MADHYAMIK VIDYALAYA, DISTRICT- NALBARI, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 DISTRICT- KAMRUP(M) ASSAM. 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI DISTRICT- NALBARI ASSAM PIN- 781335. 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 Advocate for the Petitioner : MR. R SARMA, MS. J TAMULI Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE DEPTT. Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 19.02.2025 Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. S. M. T. Chistie, learned Standing Counsel for the Secondary Education Department and Ms. R. M. Baruah, learned counsel for the Finance Department. 2. The petitioner’s case is that the service of the petitioner had been provincialized as Headmaster (Tutor) of Amayapur Alengidal Adarsha Uccha Madhyamik Vidyalaya, Nalbari, vide order dated 04.01.2021, w.e.f., 01.01.2021. The said school was thereafter merged with Pub-Bahjani Gopalthan Balika Vidya Mandir High School, Nalbari, vide order dated 08.09.2022. 3. The grievance of the petitioner is that the monthly salary due to the petitioner from 01.01.2021 has not been paid till date. 4. Mr. S. M. T. Chistie, learned counsel for the Secondary Education Department, has furnished letter No. GB-Est/Misc/31/2014/25 dated 18.02.2025, issued by the Director, Secondary Education Department, Assam, directing the Inspector of Schools, NDC, Nalbari, to take necessary appropriate steps to release the current and arrear salary of the petitioner. 5. Mr. S. M. T. Chistie, learned counsel for the Secondary Education Department submits that the current salary of the petitioner will be paid by the next week, as the required bill will be submitted by the Inspector of Schools, Page No.# 3/4 NDC, Nalbari. He however submits that some time may be given for payment of the arrear salary, as the proposal, for payment of arrear salary, would have to be initiated by the Inspector of Schools, NDC, Nalbari, who will send the same to the Director, for onward transmission to the Secretary to the Government of Assam, Education Department. Thereafter, the file will be sent to the Finance Department for approval and sanction of the amount. 6. I have heard the learned counsels for the parties. 7. The letter dated 18.02.2025 issued by the Director, Secondary Education Department, Assam, is made a part of the record and marked as Annexure-X. The contents of the said letter dated 18.02.2025 states as follows:- “To, The Inspector of Schools NDC. Nalbari. Sub: Regarding release of current and arrear Salary to Jitendra Kumar Sarma. Ref: Writ Petition (c) No 4335 of 2024( filed by Jitendra Kumar Sarma under Nalbari District) Sir, With reference to the subject cited above, I am to direct you to take necessary appropriate step to release current and arrear salary in respect of Sri Jitendra Kr Sarma, the Petitioner of the case in WP(C) No. No 4335 of 2024 This matter may be treated as Urgent.” 8. In view of the submissions made by the learned counsel for the Secondary Education Department and the letter dated 18.02.2025 issued by the Director, Secondary Education Department, this Court is of the view that there is nothing to adjudicate in this matter. Accordingly, the respondents are directed to Page No.# 4/4 disburse the petitioner’s current salary on or before 28.02.2025. In respect of the payment of the arrear salary of the petitioner, the Inspector of Schools, NDC, Nalbari shall send the proposal for payment of arrear salary to the Director, Secondary Education Department on or before 28.02.2025, who shall thereafter forward the same to the Secretary to the Government of Assam, Education Department within a further period of 10 days. The Secretary to the Government of Assam, Education Department shall thereafter forward the proposal for obtaining the approval and sanction of the Commissioner & Secretary to the Government of Assam, Finance Department, within a further period of 10 days. The Commissioner & Secretary to the Government of Assam, Finance Department shall thereafter give the necessary approval and sanction for payment of arrear salary to the petitioner within a further period of two weeks. 9. The entire exercise for payment of the arrear salary to the petitioner should be made within a period of 2 (two) months from the date of receipt of a copy of this order by the respondents. 10. The writ petition is accordingly disposed of. JUDGE Comparing Assistant