Page No.# 1/5 GAHC010117602025 2025:GAU-AS:17060 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3023/2025 MANTOSH MODAK S/O- SANJIT MODAK. R/O- MADHABPUR, P.O.- RUPAHI, DIST.- BAJALI, ASSAM, PIN-781318. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT. 2:DIRERCTOR OF ELEMENTARY ASSAM. KAHILIPARA PIN-781006. 3:DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA DIST.- BARPETA ASSAM 4:BLOCK ELEMENTARY EDUCATION OFFICER BAJALI DIST.- BAJALI ASSAM 5:SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT ASSA Advocate for the Petitioner : MR. D P CHALIHA, MS M ROY Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Page No.# 2/5 Linked Case : WP(C)/4024/2021 MANTOSH MODAK S/O. SRI SANJIT MODAK VILL. MADHABPUR P.O. RUPOHI P.S. PATACHAKUCHI DIST. BARPETA ASSAM PIN-781318. VERSUS THE STATE OF ASSAM AND 9 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY DEPTT.) DISPUR GUWAHATI-06. 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. ASSAM DISPUR GUWAHATI-06. 3:THE FINANCE AND ACCOUNTS OFFICER DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA ASSAM. Page No.# 3/5 6:THE BLOCK ELEMENTARY EDUCATION OFFICER BHAWANIPUR BLOCK HOWLY BARPETA ASSAM. 7:THE DEPUTY INSPECTOR NO.2 BHABANIPUR BLOCK BARPETA ASSAM. 8:THE PRESIDENT SCHOOL MANAGING COMMITTEE OF 1125 NO. DAKSHIN KALJHAR LOWER PRIMARY SCHOOL BARPETA ASSAM. 9:THE PRESIDENT SCHOOL MANAGING COMMITTEE UTTAR PANPARA LOWER PRIMARY SCHOOL BARPETA ASSAM. 10:SMT. RAHIMA KHATUN ASSTT. TEACHER OF UTTAR PANPARA LOWER PRIMARY SCHOOL UNDER BLOCK ELEMENTARY EDUCATION OFFICER JALA BLOCK BARPETA ASSAM. ------------ Advocate for : MRS A BUJARBARUAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 9 ORS. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 10-12-2025 Heard Mr. D. P. Chaliha, learned counsel senior counsel assisted by Ms. N. Das, learned counsel for the petitioner in WP(C) No. 3023/2025 and Ms. A. Bujarbaruah, learned counsel for the petitioner in WP(C) No. 4024/2021. Also heard Mr. P. N. Sharma, learned Standing Counsel, Page No.# 4/5 Elementary Education Department. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release an amount of Rs. 10,00,000/- (Ten Lakh) as arrear salary on account of non-payment of salary for the period from June 2018 till date. 3. The petitioner, who is working as an Assistant Teacher and has served in different schools, claims that he has not been paid his salary since the year 2018. 4. Mr. Chaliha, learned Senior Counsel, submits that without going into the merit of the claims of the petitioner, the writ petition may be disposed of by allowing the petitioner to file a representation placing his grievance before the Director, Elementary Education Department, Assam, and thereafter, a direction may be issued to the respondent authorities to consider the representation that will be filed by the petitioner. 5. Mr. Sharma, learned Standing Counsel, Elementary Education Department, submits that he would not have any objection to the consideration of the petitioner’s case if he approaches the respondent authorities by way of a representation, although, as per the stand of the Department, the petitioner may not be entitled to any arrears of salary. 6. Having considered the submissions of the learned Senior Counsel that he would not embark upon the merit of the matter, rather prays for allowing the petitioner to submit a representation for consideration by the concerned authority, I deem it appropriate to close this writ petition with a direction to the petitioner to submit an appropriate application before the concerned authority. Page No.# 5/5 7. Accordingly, the petitioner is directed to submit a representation before the Director, Elementary Education, Assam, raising in detail all the grievances which he has raised in this writ petition, within a period of fifteen (15) days from today. On receipt of the representation, the Director, Elementary Education, Assam, shall consider and dispose of the same by passing a reasoned order within one month thereafter. 8. The writ petition stands disposed of. JUDGE Comparing Assistant