Page No.# 1/5 GAHC010184692024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4896/2024 DURLAV NARAYAN SINGHA S/O- LT. JATINDRA NARAYAN SINGHA, R/O- VILL- SINDURAI PT-II, P.O.- BELGURI, P.S.- AGOMONI, DIST- DHUBRI, ASSAM, PIN- 783334. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION DEPARTMENT, DISPUR, GHY-06. 2:THE DISTRICT COMMISSIONER DHUBRI ASSAM. PIN- 783301. 3:THE SUB-DIVISIONAL OFFICER(C) BILASIPARA DIST.-DHUBRI ASSAM PIN- 783348. 4:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE/ TAHSIL OFFICE CHAPAR P.O. AND P.S.-CHAPAR DIST.- DHUBRI ASSAM PIN- 783371. Page No.# 2/5 5:THE CIRCLE OFFICER ATHANI REVENUE CIRCLE ATHANI DIST.- DHUBRI ASSAM PIN- 783348. 6:THE TREASURY OFFICER BILASIPARA P.O. AND P.S.- BILASIPARA DIST.- DHUBRI ASSAM PIN- 783348 Advocate for the Petitioner : MR. M U MONDAL, MR. A W MONDAL,A A AHMED,MR A ALIM SK,MR K ISLAM,MS. N NASRIN Advocate for the Respondent : GA, ASSAM, MR. B GOGOI,MR. C S HAZARIKA,MR. A PHUKAN,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 27.01.2025 Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Ms. M. Bhattacharya, learned Government Advocate, Assam 2] The petitioner is aggrieved by non-release of his arrear salary with effect from October, 2023 to February, 2024 as well as for the month of June and July, 2024 while he was serving as a Senior District Administrative Assistant at Athani Revenue Circle in the district Dhubri. The petitioner was during his tenure as a Page No.# 3/5 Senior District Administrative Assistant at Chapar Revenue Circle was placed under suspension and the departmental proceeding was initiated. Enquiry report was submitted by the Enquiry Officer and the allegations against the petitioner were found to be true. The Disciplinary Authority, mainly, the District Commissioner, Dhubri accepted the finding of the Enquiry Officer and by order dated 22.07.2024 imposed the following punishments : “I) One Annual Increment of the incumbent has been withheld with non cumulative effect. II) The incumbent is hereby withdrawn from the O/o the Chapar Revenue Circle, Chapar and directed to join at Athani Revenue Circle Athani on deputation with immediate effect. III) A note shall be recorded in his Service Book cautioning him to be more diligent and not to repeat such mistake in future otherwise stern action will be initiated against the incumbent.” 3] By the said order the petitioner was, however, reinstated in service and his period of suspension was directed to be treated as on duty. After his reinstatement, the petitioner was immediately posted at Athani Revenue Circle, Athani on deputation. The grievance of the petitioner is that in spite of the order dated 22.07.2024 passed by the District Commissioner, Dhubri reinstating the petitioner with the punishment imposed, his arrear salary for the period of Page No.# 4/5 October, 2023 to February, 2024 and June and July 2024 have not been released. Learned counsel for the petitioner submits that by the order dated 22.07.2024 the period of suspension was directed to be treated as on duty. Under such circumstances, in spite of the representation being preferred before the District Commissioner, Dhubir on 21.08.2024, his arrear salary has not been released. 4] This Court by order dated 23.09.2024 had issued notice and permitted the respondents to complete their instructions in the matter. 5] Today when the matter is called up, learned Government Advocate, Assam has placed before the communication dated 28.11.2024. 6] This Court has perused the communication placed before the Court. 7] In terms of this instructions received it is seen that budget for arrear bill of the petitioner has been submitted vide CC.7/2015/Pt/1295 dated 03.09.2024. This budget is for the arrear salary with effect from 05.10.2023 to 22.07.2024. In so far as the salary for the month of June and July, 2024 is concerned, the instructions revealed that the same has already been credited in the account of the petitioner. 8] In terms of the instructions received, it is seen that the claims of the petitioner in respect of the arrear salary for the period of June and July 2024 Page No.# 5/5 has been credited to the account of the petitioner and budget proposal for the arrear salary from October, 2023 to February 2024 has already been put up as far back on 03.09.2024. Learned Government Advocate submits that as and when the budget is received, the arrear salary of the petitioner shall be released. 9] In view of the above as well as taking into consideration the submissions made by the learned Government Advocate, Assam, this writ petition is closed by directing the respondents to release the arrear salary of the petitioner for October, 2023 to February 2024 within 30 (thirty) days from the date of receipt of the budget. 10] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant