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2025 DAILYLAW 27312 (GAU)

HUSSAIN ALI AHMED v. THE STATE OF ASSAM AND 2 ORS.

WP(C)/6630/2025 · 2025-11-25

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010240502025 2025:GAU-AS:16056 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6630/2025 HUSSAIN ALI AHMED SON OF LATE NASAR ALI, RESIDENT OF VILLAGE- MAIRADHAJ, P.O- ROWMARI BIL, P.S- DHING, DIST NAGAON, ASSAM, PIN- 782123 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI, PIN-781006. 2:THE DIRECTOR ELEMENTARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI PIN-781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON PIN- 782001 ASSAM Advocate for the Petitioner : MR P BHARDWAJ, B PARASHAR,M RAHMAN Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 26.11.2025 Heard Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned Standing Counsel, Elementary Education Department. [2.] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage. [3.] By filing the writ petition, the petitioner prays for payment of Rs.11,92,199/- which is in respect of the arrear incremental benefits due to him for the period w.e.f. the date of his regularization i.e., 24.04.1998 to 29.02.2019. [4.] Mr. P. Bhardwaj, learned counsel submits that in fact the Headmaster of the School concerned had worked out the amount due to the petitioner and the same has been duly counter signed by the Deputy Inspector of Schools, Nagaon as well as the District Elementary Education Officer, Nagaon. He further submits that a batch of writ petitions were filed by similarly situated persons and the lead case being WP(C)/15/2022, this Court vide order dated 04.03.2024 disposed of the writ petitions by a common order by directing the respondent authorities concerned to examine and verify the claim for payment of the arrear incremental dues of the petitioners and upon such verification, if the amount was found to be due, to release the same to them expeditiously within a time frame. [5.] Mr. P. Bhardwaj, learned counsel for the petitioner submits that he was representing the petitioners in that case and in fact all the petitioner have received their dues as on date. He therefore submits that the present writ Page No.# 3/3 petition being similar to the referred writ petitions, the same may be disposed of in a similar manner. [6.] To the above submission of Mr. P. Bhardwaj, learned counsel for the petitioner, Ms. N. Phukan, learned Standing Counsel, Elementary Education Department submits that she may be given some time to obtain instructions in this regard. [7.] However, upon perusal of the materials available on record, it appears that the case of the petitioner is also similar to the referred writ petitions and since the respondents are required to exercise the process of verification upon the claims, this Court does not find any difficulty to disposed of the instant writ petition at this stage. [8.] Accordingly, the writ petition stands disposed of by directing the respondent authorities concerned more particularly, respondent No.2 to look into the claim of the petitioner and verify as to whether the amount of Rs.11,92,199/- worked out by the Principal of the School and counter signed by the Deputy Inspector of Schools and the District Elementary Education Officer, Nagaon are due to petitioner. If the same is found to be true and correct, the same shall be released without delay. The entire exercise be completed within a period of 90(ninety) days from the date of receipt of a certified copy of this order. [9.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant