Page No.# 1/4 GAHC010002952025 2025:GAU-AS:9513 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/205/2025 BIJIT PEGU S/O- LATE SANTIRAM PEGU, RESIDENT OF VILLAGE AND P.O.- BORMATHAWRI, P.S.- BOGAMUKH, DIST.- JORHAT, ASSAM, PIN- 785112. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) JORHAT JORHAT ASSAM PIN- 785001. 5:THE DEPUTY INSPECTOR OF SCHOOLS Page No.# 2/4 JORHAT PO- JORHAT DIST.- JORHAT ASSAM PIN- 785001. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) EAST JORHAT EDUCATION BLOCK JORHAT ASSAM PIN- 785001 Advocate for the Petitioner : MR. S U AHMED, MR A HAWARI Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE DEPTT. BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 24.07.2025 Heard Mr. S. U. Ahmed, learned counsel for the petitioner and Mr. G. Pegu, learned Standing Counsel, Elementary Education Department appearing for all the respondents except respondent No.2. 2. By filing this writ petition, the petitioner has sought for a direction to the respondent authorities to pay him the arrear salary amounting to Rs.1,37,951/- for the period between 27.09.2022 to 08.02.2023. It is the case of the petitioner that on being selected by the State Level Committee for appointment on compassionate basis, he was appointed as Assistant Teacher in Sahpuria Kucharchukh L.P.S, vide order dated 23.09.2022 (Annexure-1). In terms of his appointment, the petitioner joined the said School but it so happened that there was already another teacher who was posted in that School and that the posting given to the petitioner was a double posting. The petitioner submitted Page No.# 3/4 his representation for reposting and consequently, vide order dated 03.02.2023, the petitioner was reposted in Borkur L.P.S. It is the case of the petitioner that from the date of his joining in Sahpuria Kucharchukh L.P.S till his date of joining in Borkur L.P.S, he should be paid his salary. 3. The learned counsel for the petitioner submits that the Block Elementary Education Officer, East Jorhat Education Block had also sought for financial sanction to the Deputy Inspector of Schools, Jorhat for payment of the arrear salary of the petitioner. However, as the amount has not been sanctioned, the petitioner is before this Court. 4. On perusal of the materials available on record, it only appears that the petitioner has been duly appointed and posted in terms of the recommendation made by the State Level Committee to Sahpuria Kucharchukh L.P.S. vide order dated 23.09.2022, issued by the Director of Elementary Education. Upon realising that a double posting has been made, another order was issued by the same authority on 03.02.2023, posting the petitioner at Borkur L.P.S. The Communication dated 30.10.2024 of the Block Elementary Education Officer, East Jorhat Education Block also goes to show that there has been double posting in Sahpuria Kucharchukh L.P.S but as the petitioner has been working there, financial sanction towards his arrear salary amounting to Rs.1,37,951/- was being sought. Therefore, this writ petition is disposed of with a direction to the respondent authorities, more particularly, respondent Nos. 2 and 3 to examine the case of the petitioner, about him of having actual worked in Sahpuria Kucharchukh L.P.S. Upon such examination, if it is found that the petitioner had indeed rendered his service for the period between 27.09.2022 to 08.02.2023, necessary process be undertaken to pay him the arrear salary without delay. Page No.# 4/4 5. The entire exercise as directed hereinabove be undertaken and completed within a period of 2(two) months from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant