Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010050662017
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7105/2017 PRAMILA DAS W/O. SRI KANAK CHANDRA DAS, R/O. AMRANGA, P.O. BARIHAT-781128, P.S. PALASHBARI, DIST. KAMRUPM, ASSAM. VERSUS 1.THE STATE OF ASSAM and 4 ORS REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT., DISPUR, GHY.-06. 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY.-19. 3:STATE MADRASSA EDUCATION BOARD ASSAM KAHILIPARA GHY.-19 REP. BY ITS SECRETARY. 4:THE SECRETARY STATE MADRASSA EDUCATION BOARD ASSAM KAHILIPARA GHY.-19. 5:SRI RATAN MAZUMDAR S/O. SRI SRIKANTA MAZUMDAR R/O. DINABANDHU PATH KAHILIPARA GHY.-19 Advocate for the Petitioner : MR.S BISWAKARMA, MS.G DAS,MR.I CHOWDHURY Advocate for the Respondent : , SC, SECONDARY EDUCATION
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 20-06-2025 Heard Mr. S. Biswakarama, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel, Education (Secondary) Department appearing for the respondent Nos.1 and 2. None appears for the respondent No.5 despite service of notice. As regards respondent Nos.3 and 4, i.e. State Madrassa Education Board and its Secretary, it is informed that State Madrassa Education Board is no longer in existence and now has merged with the Directorate of Secondary Education, Assam. 2. By filing this writ petition, the petitioner has prayed for a direction for payment of arrear salary with effect from April, 2014 to October, 2015 since she has been discharging her duties as a Sweeper/Cleaner under the establishment of the respondent No.3. Although there are other prayers as well, but Mr. Biswakaram, learned counsel for the petitioner submits that due to the change of the situation, the petitioner restricts her claim to the arrear salary for the aforesaid period. 3. Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department submits that although the petitioner has made such claim, unless the same is duly verified by the authority concerned, it will not be possible to accept such a claim. 4. Considering the submissions made by the rival parties, this Court is of the considered view that no useful purpose will be served by keeping the matter
Page No.# 3/3 pending. 5. Accordingly, the writ petition is disposed of with a direction to the Director of Secondary Education, Assam (respondent No.2) to examine the claim of the petitioner for payment of arrear salary as Sweeper/Cleaner with effect from April 2014 to October 2015.
Upon such examination, if it is found that the petitioner has indeed rendered her services, the authority concerned shall release her arrear salary without delay. 6. It may be also noted that on 07.12.2017 when notice of motion was issued, an interim direction was passed by this Court to allow the petitioner to continue her present post. The petitioner claims that as such she has been paid her current salary except the arrear salary. 7. The writ petition stands disposed of in the above terms and the respondent No.2 shall do the needful as expeditiously as possible preferably within a period of 2(two) months from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant