Page No.# 1/5 GAHC010288792023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/948/2025 ABDUL RASHID SK S/O LATE VASHA SK VILLAGE- GASPARA P.O. DHARMASALA DIST.- DHUBRI ASSAM PIN- 783324 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT (ELEMENTARY) DISPUR GUWAHATI 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI -19 3:THE DEPUTY DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI -19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DHUBRI ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR DHUBRI ASSAM PIN- 783324 6:THE TREASURY OFFICER DHUBRI ASSAM PIN-783324 Page No.# 2/5 7:THE HEADMASTER GASPARA M.V SCHOOL DHUBRI ASSAM ------------ Advocate for : MR. R A CHOUDHURY Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 14.05.2025 Heard Mr. R.A. Choudhury, learned counsel for the petitioner and Mr. B. Talukdar, learned standing counsel for the Elementary Education Department. 2. The grievance of the petitioner, being sought to be addressed in this petition, under Article 226 of the Constitution of India, is that the petitioner was working as headmaster in Gaspara Girls M.E. Madrassa since 1997 and the said Madrassa was subsequently amalgamated with Gaspara M.V. School as a base school. Thereafter, the Director of Elementary Education Department regularized his service as Tutor on 05.02.2021, with a monthly salary of Rs. 10,000/- and accordingly, he joined his service on 06.02.2021. 2.1. After his joining, a coordinate bench of this court, vide order dated 01.03.2021, in W.P.(C) 1345/2021, filed by one Sahidur Islam, had stayed the provincialization order of the petitioner until further order. Then, he filed one interlocutory application, being I.A.(C) No. 1555/2021, for vacation/alteration of the said interim order dated 01.03.2021. Thereafter, a coordinate bench of his court, vide order dated 27.01.2022, disposed of the said writ petition by remanding the matter to the Director of Elementary Education Department for Page No.# 3/5 fresh determination of the claim of the petitioner of said writ petition and till such determination was made by the respondent No. 2, i.e. the Director of Elementary Education Department, the interim order should continue. 2.2. Accordingly, the Director of Elementary Education Department, vide order dated 01.11.2023, finally determined the claim of the petitioner of W.P.(C) No. 1345/2021 and cancelled the appointment of one Abual Hussain Sk. and the said cancellation order is being challenged by him in W.P.(C) No. 7515/2023, by impleading the present petitioner as respondent No. 8. But, there is no such order operating against the present petitioner and there is no such embargo in releasing his salaries. 2.3. Further pleaded case of the petitioner is that he has been continuously rendering his service as Tutor till date, but the authorities did not release his salaries in spite of repeated approach being made by him and thereby, caused serious prejudice to him. 2.4. Mr. Choudhury, learned counsel for the petitioner submits that the W.P.(C) No. 1345/2021 was finally disposed of on 27.01.2022 and the interim order, dated 01.03.2021, was extended till final determination of claim of the petitioner and such final determination was made by the respondent No. 2 on 01.11.2023. As such, no stay order is operating and the petitioner is now entitled to the salaries and therefore, contended to allow this petition. 3. On the other hand, Mr. Talukdar, learned standing counsel for the Elementary Education Department submits that he has no objection in the event of disposing of this writ petition by directing the respondent authorities to release the salary of the petitioner. 4. Having heard the submissions of learned counsel for both the Page No.# 4/5 parties, I have carefully gone through the petition as well as the documents placed on record and also perused the orders dated 01.03.2021 and 27.01.2022, passed in W.P.(C) 1345/2021 and also perused the order of Director of Elementary Education Department, dated 01.11.2023, by which the appointment of one Abual Hussain Sk. was cancelled and which is being challenged in another writ petition, being W.P.(C) No. 7515/2023. 5. It is to be noted here that in the order dated 27.01.2022, passed in W.P.(C) No. 1345/2021, a coordinate bench of this court in paragraph No. 14 held as under:- “14. Considering the factual matrix that although the petitioner was appointed as HSSLC (Science) passed Assistant Teacher, but the DSC found the petitioner to be teaching "Social Studies" subject and that the respondent nos. 7 and 8 were both found by the DSC to be teaching 'Language" subject. Therefore, the interim order dated 01.03.2021 passed in this writ petition would stand extended till the fresh determination is made by the respondent no.2. However, it is clarified that while determining the matter, the respondent no.2 shall not be influenced by this order, thereby extending the interim order as aforesaid.” 6. It appears that the respondent No. 2 had, as per the above direction, made final determination of the claim of the petitioner on 01.11.2023. That being so, no stay order is operating against the present petitioner and that he is entitled to get his salaries since the date of his provincialization, i.e. 05.02.2021, subject to adjustment of the amount, if already paid. 7. Thus, having considered the submissions of learned counsel for both Page No.# 5/5 the parties and also considering the given facts and circumstances on the record, this court is inclined to allow this writ petition by directing the respondent authorities to release the salary of the present petitioner. 8. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant