Page No.# 1/3 GAHC010233372023 2025:GAU-AS:16158 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6161/2023 PADMA GOGOI ASSISTANT TEACHER, NARAYANPUR BOYS M.V. SCHOOL, NARAYANPUR, DIST.- LAKHIMPUR, ASSAM. RESIDING AT C/O- SRI ATUL SAIKIA, VILL- KAKILAGURI, P.O.- KAKILA CHARIALI, DIST.- BISWANATH, ASSAM, PIN- 784168. VERSUS THE STATE OF ASSAM AND 4 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR DISTRICT NORTH LAKHIMPUR ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER NARAYANPUR BLOCK DIST.- LAKHIMPUR Page No.# 2/3 ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 27/11/2025 1. Heard Mr. L. Gogoi, learned counsel for the petitioner. Also heard Mr. S.K. Talukdar, learned counsel for the respondent nos. 1, 3,4 & 5 and Ms. R.M. Baruah, learned counsel for the respondent no. 2. 2. The matter pertains to the claim for payment of arrear salary amounting to Rs. 18,96,378/- payable to the petitioner for the period from 01/07/2015 to 28/02/2022. 3. The petitioner’s counsel submits that the petitioner is an Assistant Teacher in Narayanpur Boys’ M.V. School, Narayanpur, Lakhimpur, Assam and that she was made an accused in a case registered under Gohpur Police Station case No. 138/2015 registered under section 302/34 IPC. The petitioner was however acquitted from the charge framed against her under section 302/34 IPC, vide judgement and order dated 31/03/2022 passed by the learned additional Sessions Judge, FTC, Biswanath Chariali in Sessions case No. 140/2017. The petitioner was reinstated into her original post with a direction that the period of suspension would be treated as on duty for all purposes, vide order under Memo No. DEEO/L/01/Complain/2154-59 dated 26/08/2022. The petitioner had received 75% of her salary during her suspension period with effect from 01/07/2015 to 08/02/2022. However, 25% of her arrear salary of Rs. 18,96,378/- for the said period had not been paid to the petitioner. 4. The petitioner’s counsel submits that the BEEO, Narayanpur Block, Lakhimpur has sent the arrear salary proposal of the petitioner to the DEEO, Page No.# 3/3 Lakhimpur, North Lakhimpur, vide letter No. BEEO/NPR/43/2024/306 dated 05/08/2024 for payment of Rs. 18,96,378/-. However, the same has not been paid till date. 5. Mr. S.K. Talukdar, learned Standing Counsel, Elementary Education Department, Assam, submits that the arrear salary payable to the petitioner, as made out in the BEEO letter dated 05/08/2024, would have to be verified and only after the same is found to be correct, the arrear salary of the petitioner can be paid. 6. Ms. R.M. Baruah, learned counsel for the Finance Department, Assam, submits that the issue of payment of the arrear salary would depend upon the stand taken by the concerned Department. 7. I have heard the learned counsels for the parties. 8. As can be seen from the letter dated 05/08/2024 issued by the BEEO, Narayanpur Block, Lakhimpur, the arrear salary payable to the petitioner is Rs. 18,96,378/-. The said arrear salary proposal has been sent to the DEEO, Lakhimpur, North Lakhimpur on 05/08/2024. The respondents are accordingly directed to make a verification of the letter BEEO/NPR/43/2024/306 dated 05/08/2024 issued by the Block Elementary Education Officer, Narayanpur, Lakhimpur and if the same is found to be correct, the payment for the said amount of Rs. 18,96,378/- should be made. 9. The entire exercise should be concluded within a period of 3 (three) months from the date of receipt of a certified copy of this order. 10. The writ petition is disposed of accordingly. JUDGE Comparing Assistant