Page No.# 1/4 GAHC010065452024 2025:GAU-AS:780 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1819/2024 RINA BEGUM MAJARBHUYA WIFE OF- LATE BODRUL ISLAM CHOUDHURY, RESIDENT OF WARD NO. 1, HAILAKANDI (MB), P.O.- HAILAKANDI, P.S.- HAILAKANDI, DISTRICT- HAILAKANDI, ASSAM, PIN- 788151. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, ELEMENTARY EDUCATION, DISPUR, GUWAHATI-06, ASSAM. 2:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI-19 ASSAM. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI ASSAM. 4:THE ACCOUNT GENERAL (A AND E) ASSAM MAIDAMGAON, BELTOLA GUWAHATI- 781029. 5:THE PRINCIPAL MATIJURI HIGH SCHOOL HAILAKANDI, ASSAM, PIN- 788155 6:THE COMMISSIONER & SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT, DISPUR, GHY-6 Advocate for the Petitioner : G UDDIN, MR REZABUL HOQUE,P ADHIKARI,MR H I CHOUDHURY Advocate for the Respondent : SC, ELEM. EDU, SC, AG Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 27.01.2025 Heard Mr. G. Uddin, learned counsel for the petitioner, who submits that the petitioner is aggrieved by the wrong fixation of pay of the petitioner’s husband. He also submits that after correction of the wrong fixation of pay, the petitioner would be entitled to receive arrear salary amounting to Rs.1,43,638/- . 2. Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department submits that he has received para-wise comments to the effect that the petitioner is receiving compassionate family pension. He also submits that as per the instructions received by him, there has been a wrong fixation of pay of the petitioner’s husband. He further submits that the petitioner is entitled to receive arrear salary of Rs.1,43,638/- and the process for the same has been initiated by the District Elementary Education Officer (respondent No. 3). 3. Mr. D. Bhattacharya, learned counsel for the respondent No. 4 submits that he has got no comments and has instead submitted a letter dated 18.09.2022 issued by the Senior Accounts Officer (Legal Cell) to the said effect. 4. I have heard the learned counsels for the parties and perused the para- wise comments that had been submitted by the Deputy Director, Elementary Education, Assam to Mr. P. K. Bora, learned Standing Counsel, Elementary Page No.# 3/4 Education Department. 5. A perusal of the para-wise comments clearly shows that the respondents have admitted to the fact that the petitioner is entitled to receive arrear salary of Rs.1,43,638/-, which would have to be processed and given to the petitioner, after receiving sanction from the Finance Department. 6. On considering the submissions made by Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department and the fact that the para-wise comments submitted by the Deputy Director, Elementary Education Department is to the effect that the petitioner is entitled to receive the admitted amount of Rs. 1,43,638/- as arrear salary, this Court is of the view that the Commissioner & Secretary to the Government of Assam, Finance Department is a necessary party. Accordingly, the Commissioner & Secretary to the Government of Assam, Finance Department is impleaded as respondent No. 6. The petitioner shall submit a corrected copy of the cause title to the Registry during the course of the day. 7. In view of the fact that the amount claimed by the petitioner as arrear salary is an admitted amount, the respondents, including the newly impleaded respondent No. 6, are directed to pay to the petitioner the admitted amount of Rs. 1,43,638/-, within a period of two months from the date of receipt of a certified copy of this order. 8. The para-wise comments submitted by the Deputy Director, Elementary Education Department to Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department is made a part of the record and marked as Annexure-X. Page No.# 4/4 The letter dated 18.09.2022 issued by the Senior Accounts Officer (Legal Cell), office of the Principal Accountant General (A&E), Assam is also made a part of the record and marked as Annexure-Y. 9. The writ petition is accordingly disposed of. JUDGE Comparing Assistant