Page No.# 1/3 GAHC010256412025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6678/2025 MOYNUL HOQUE MONDAL S/O- LT MOMTAZ ALI MONDAL, R/O VILL -MAYERCHAR PT- IV, P.O.- NAYER ALGA, P.S.- BILASIPARA, DIST- DHUBRI, ASSAM, PIN -783348 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GHY 6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI DIST. DHUBRI ASSAM 4:THE BLOCK ELEMENTARY EDUCATION OFFICER BILASIPARA DIST. DHUBRI ASSAM 5:THE TREASURY OFFICER BILASIPARA TREASURY BILASIPARA DIST DHUBRI ASSAM PIN 78334 Page No.# 2/3 Advocate for the Petitioner : MR. M U MONDAL, S S AHMED,MR. A W MONDAL,MR A ALIM SK Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 12.12.2025 Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned Standing Counsel, Elementary Education Department appearing for the respondents. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to pay the arrear as well as current salary to the petitioner for the period from 01.01.2021 to till date. 3. The petitioner was appointed as Assistant Teacher (Hindi) at Nayer Alga Girls ME Madrassa vide order dated 27.04.1993 by the School Management Committee. The service of the petitioner was provisionally approved vide order dated 22.01.2008, by the District Elementary Education Officer, Dhubri. Thereafter, vide order dated 05.02.2021, the service of the petitioner have been provincialised as tutor in Nayer Alga Girls ME Madrassa attached to Nayer Alga H.S. School by the Director of Elementary Education, Assam. 4. It is the contention of the learned counsel for the petitioner that inspite of due appointment of the petitioner as tutor on 05.02.2021, no salary has been paid and therefore, prays for a direction to the respondent authorities to release the arrear as well as current salary to the petitioner. 5. The petitioner has filed representation before the Commissioner & Secretary, Govt. of Assam, Department of School (Elementary) Education, Assam on 23.07.2025. 6. Mr. P.N. Sarma, learned Standing Counsel, Elementary Education Department submits that the salary of the petitioner could not be paid due to pendency of the writ petition being WP(C) 1949/2021 & WP(C) 2083/2021, wherein, the appointment of the petitioner was under challenge. It is the submission of the learned counsel for the parties that the above writ petitions having been disposed of, this writ petition may be disposed of with a direction to the Secretary to the Govt. of Assam, Department of School Education, Assam to dispose of the representation dated 23.07.2025. Page No.# 3/3 7. Having considered the limited prayer for a direction to consider and dispose of the representation filed by the petitioner dated 23.07.2025 and as agreed to by the learned counsel for the parties and also considering that there may not be any impediment to release the arrear and current salary of the petitioner in view of the fact that the service of the petitioner has been provincialised as tutor, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to consider and dispose of the representation dated 23.07.2025 filed by the petitioner. 8. Accordingly, it is directed that the Secretary to the Govt. of Assam, Department of School Education, Assam shall consider and dispose of the representation filed by the petitioner dated 23.07.2025 within a period of 2 (two) months from the date of receipt of the certified copy of this order. 9. With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant