Page No.# 1/4 GAHC010268652025 2025:GAU-AS:17743 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7107/2025 SMTI JONALI DEVI W/O. SRI. MUKUT BHATTACHARJEE, SUBJECT TEACHER LOGIC PHILOSOPHY, DHAMDHAMA H.S SCHOOL, BARAMA, DISTRICT - NALBARI, ASSAM. PRESENTLY RESIDING AT MALIKUCHI P.O P.S -NALBARI, ASSAM. PIN-781335 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI 4:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-0 Advocate for the Petitioner : B R SAH, MR C GOSWAMI,MS. S KRISHNOTROYEE Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 19.12.2025 Heard Mr. C. Goswami, learned counsel for the petitioner and Mr. P. P. Dutta, learned Standing Counsel for the respondents in Secondary Education Department. Also heard Mr. A. Chaliha, learned Standing Counsel for the respondents in Finance Department. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to release her salary, w.e.f. 01.01.2013 till 25.11.2014 and the scale of pay and increment may be calculated, w.e.f. 01.01.2013, till date and to release the same as arrear salary. 3. Mr. Goswami, learned counsel for the petitioner submits that the petitioner was appointed as subject teacher of Logic & Philosophy, at Dhamdhama Higher Secondary School and she joined the post on 05.10.2008. During the process of provincialisation, in respect of 568 Nos. of Teaching and Non-Teaching staff for Nalbari district, one, Smti. Rina Devi, who was serving as the subject teacher of Sanskrit; had filed a writ petition, being WP(C) No. 4422/2013, challenging the process of provincialisation of the petitioner and in the said writ petition, interim stay was granted on 08.08.2013, in respect of provincialisation benefit of the petitioner. The said writ petition was disposed of by this Court vide order, dated 21.05.2014, directing the Director of Secondary Education, Assam, to decide the matter by taking note of all the attending facts and circumstances in accordance with law and providing opportunity of hearing to all the necessary parties and to pass a speaking order. 3.1 Thereafter, the Director of Secondary Education, Assam, had passed the Page No.# 3/4 Speaking Order, dated 25.11.2014, and the post of the petitioner was allotted at Dhamdhama Higher Secondary School, w.e.f. 01-01-2013 and thereafter, by another order, dated 17.11.2014, her salary was released, w.e.f. 25.11.2014. However, said Rina Devi again challenged aforesaid Speaking Order, dated 25.11.2014 and order dated 17.12.2014, by filing a writ petition, being WP(C) No. 2604/2015, but no stay order was granted and as such, the petitioner was allowed to continue her service without any break and the said WP(C) No. 2604/2015, was disposed of on 19.03.2025, as being not pressed by the petitioner. 3.2 Mr. Goswami, also submits that although, 568 Nos. posts of Teaching and Non-teaching staff have been created for Nalbari district in pursuance of the Govt. letter No. ASE 86/2013/Pt-II/301, dated 25.07.2013, and petitioner's post was allotted vide order, dated 17.12.2014, w.e.f. 01.01.2013, but, the salary, which was due to her, was not release by the respondent authorities and since, WP(C) No. 2604/2015, was already disposed of on 19.03.2025, now, there is no impediment in granting the aforesaid relief to the petitioner. 3.3 Thereafter, the petitioner had filed one representation before the respondent No. 2 on 30.07.2025, praying for releasing her salary, w.e.f. 01.01.2013, but the same is yet to be disposed of by the respondent authorities and under such circumstances, Mr. Goswami submits that this petition may be disposed of, by directing the respondent No. 2, the Director of Secondary Education, Assam, to dispose of the representation, dated 30.07.2025, in a time bound manner. 4. Mr. Dutta, learned Standing Counsel for the respondents in Secondary Education Department submits that he has no objection in the event of disposing of this petition in its motion stage itself, by directing the respondent No. 2 to dispose of the representation, dated 30.07.2025, filed by the petitioner. 5. Accordingly, as agreed upon by the parties and also, taking note of the Page No.# 4/4 submissions of the learned counsel for both the parties, this Court is inclined to dispose of this petition, by directing the respondent No. 2 to dispose of the representation of the petitioner, dated 30.07.2025, by a Speaking Order, within a period of 8 (eight) weeks from the date of receipt of certified copy of this order. 6. The petitioner shall obtain a certified copy of this order and shall place the same before the respondent authorities, along with a copy of the representation, dated 30.07.2025, and a copy of this writ petition and the documents enclosed therewith; within a period of 1 (one) week from today. 7. The parties have to bear their own costs. JUDGE Comparing Assistant