Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6589/2024 LAXMI KANTA SINHA S/O- LATE KHIROD BIHARI SINHA, R/O- VILL.- PARUGAON, P.O.
TINOKHAL, DIST. KARIMGANJ, ASSAM, PIN- 788724. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06. 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DEPUTY DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 5:THE INSPECTOR OF SCHOOLS KDC KARIMGANJ NILMONI ROAD ASSAM PIN- 788710. Page No.# 2/4 6:THE ACCOUNTANT GENERAL OF ASSAM (ACCOUNTS AND AUDIT) MAIDAMGAON BELTOLA GUWAHATI-29. 7:THE TREASURY OFFICER KARIMGANJ P.O.
P.S. AND DIST. KARIMGANJ ASSAM PIN- 788710. 8:THE PRINCIPAL MODEL HIGHER SECONDARY SCHOOL PATHERKANDI P.O. PATHERKANDI DIST. KARIMGANJ ASSAM PIN- 788724 Advocate for the Petitioner : MR. A R SIKDAR, MR. S I TALUKDAR Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE,SC, AG
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 29.01.2025
1. Heard Mr. S.I. Talukdar, learned counsel for the petitioner, who submits that the arrear salary of the petitioner amounting to Rs.89,637/-, for the period 11.08.2015 to 12.10.2015, has not been paid. 2. Ms. P. Das, learned counsel for the Secondary Education Department has submitted letter No.E-593587/282 dated 09.01.2025 issued by the Deputy Director of Secondary Education, Assam, Kahilipara to the Inspector of Schools,
Page No.# 3/4 SDC, Sribhumi, Kahilipara, by which a direction has been made to submit a detailed report, in respect of the claim made by the petitioner. 3. The letter dated 09.01.2025 issued by the Deputy Director of Secondary Education, Assam, Kahilipara is made a part of the record and marked as Annexure-X. The contents of the said letter dated 09.01.2025 is reproduced hereinbelow, as follows :
“To : The Inspector of Schools SDC,Sribhumi Kahilipara, Guwahati Sub : In connection with WP(C) NO. 6589/2024 filed by Laxmi Kanta Sinha Vs State of Assam & ors, District- Sribhumi . Ref : 1. This office letter No. E-593587/281 dated.
04/01/2025
Sir, With reference to the subject cited above, I am directed to request you once again to submit a detailed report in respect of Sri Laxmi Kanta Sinha, retired principal in charge of Model Higher Secondary School, Patharkandi, District- Sribhumi as called for vide this office letter under reference within 2(two) days positively. This may be treated as court case urgent”. 4. Mr. D. Bhattacharya, learned counsel appearing for the Accountant General’s office and Ms. R.M. Barooah, learned counsel for the respondent nos.2 & 7 submit that they do not have any comment to make at this juncture as the issue pertaining to whether there are arrear salaries payable to the petitioner would have to be decided by the Secondary Education Department. Page No.# 4/4
5. In view of the submissions made by the counsels for the parties and keeping in view the letter dated 09.01.2025 issued by Deputy Director of Secondary Education, Assam, Kahilipara, this Court is of the view that the writ petition should not be kept pending any longer. The Inspector of Schools, SDC, Sribhumi, Kahilipara, Guwahati is accordingly directed to submit a detailed report in respect of the petitioner’s claim for payment of arrear salary, in terms of the letter dated 09.01.2025 issued by the Deputy Director of Secondary Education, Assam, Kahilipara. The detailed report of the Inspector of Schools, SDC, Sribhumi, Kahilipara shall indicate as to the amount of arrear salary that may be payable to the petitioner. In the event there is an admission of a certain amount of the claim made by the petitioner by the respondent authorities, the admitted amount should be paid to the petitioner by the respondents. The Inspector of Schools, SDC, Sribhumi, Kahilipara shall submit his detailed report in respect of the claim made by the petitioner within a period of 2 (two) weeks from the date of receipt of a certified copy of this order.
Thereafter the admitted amount of arrear salary, if any, should be paid by the respondents within a further period of 6 (six) weeks. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant