Page No.# 1/5 GAHC010236392025 2026:GAU-AS:11781 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6297/2025 MD MOTIOR RAHMAN S/O- LATE JAN MAHMUD, RO VILLAGE MUWAMARI, PO RAMAPARA, DISTRICT BARPETA, ASSAM, PIN 781308 VERSUS THE STATE OF ASSAM REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION, ASSAM, DISPUR, GUWAHATI 6 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 781006 3:THE DIRECTOR OF ELEMENTARY EDUCATION OFFICER KAHILIPARA GUWAHATI 19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER PO AND DISTRICT BARPETA ASSAM PIN 781315 5:THE DISTRICT TREASURY OFFICER BARPETA PO AND DISTRICT BARPETA ASSAM PIN 781315 Page No.# 2/5 6:THE BLOCK ELEMENTARY EDUCATION OFFICER MANDIA BLOCK MANDIA PO MANDIA DISTRICT BARPETA ASSAM PIN 78131 Advocate for the Petitioner : TAWHID LASKAR, MR K DAS,MR. S Ali Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 17.08.2026 Heard Mr. S. Ali, learned counsel, appearing for the petitioner. Also heard Mr. P. N. Sarma, learned Standing Counsel, Elementary Education Department. 2. As agreed to by the learned counsel for the parties, the present writ petition is taken up for final consideration and is being disposed of by this present order. 3. The petitioner, herein, was initially appointed as the Head Master of Pachim Muwamari Jahanergaon Makbul Hussain Lower Primary School. The appointment of the petitioner was so effected by the Managing Committee of the said school as the school at the relevant Page No.# 3/5 point of time was in its venture stage. The petitioner projects that he had joined as the Headmaster of the said school w.e.f. 01.03.1983. Thereafter, the school being found to be eligible for provincialization of the services of its employees, the services of the petitioner was provincialised vide an order dated 22.04.2015 w.e.f. 01.01.2013. After the provincialisation of the services of the petitioner, process was initiated for drawal of first salaries by the petitioner. The said drawal of first salaries by the petitioner, requiring an approval of the Finance SIU Department, the said approval on being received, the first salaries of the petitioner was released on 29.11.2019 w.e.f., 22.04.2015. The salaries of the petitioner w.e.f. 01.01.2013 to 21.04.2015, not having been so released, the petitioner has instituted the present writ petition. 4. This Court vide order dated 10.11.2025, after noticing the submission of the learned counsel for the petitioner, had directed the Standing Counsel, Elementary Education Department, to obtain up-to- date instructions in the matter. Thereafter, vide order dated 24.11.2025, the instructions not being received, this Court had issued notices in the matter. Thereafter, vide order dated 12.12.2025, further time was granted to the learned Standing Counsel, Elementary Education Department, for filing an affidavit. However, no affidavit is found to have been filed in the matter by the Respondent authorities. Page No.# 4/5 5. I have heard the learned counsel for the parties and also perused the materials brought on record. 6. The services of the petitioner was provincialised vide order dated 22.04.2015, under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011. 7. It is seen that the petitioner was released his salaries w.e.f. 22.04.2015, in pursuance to the requisite approval being granted by the Finance Department. However, the salaries of the petitioner w.e.f. 01.01.2013 to 21.04.2015, had remained in arrears. The petitioner had retired from his services on reaching the age of superannuation w.e.f., 31.07.2023. 8. Mr. P. N. Sarma, learned Standing Counsel, Elementary Education Department, submits on instructions, that the matter with regard to release to the petitioner his arrear salaries is currently under process and would be released shortly after the requisite verification is completed. 9. In view of the above position, and it not being disputed that the petitioner is entitled to his salaries w.e.f. 01.01.2013 to 21.04.2015, the same not being so released for no fault on the part of the petitioner, herein, this Court directs the Director of Elementary Education, Assam, to process the matter and release to the petitioner his arrear salaries for Page No.# 5/5 the period w.e.f. 01.01.2013 to 21.04.2015, within a period of 03 (three) months from the date of receipt of a certified copy of this order. In the event, the said arrear salaries of the petitioner is not released within the time frame mentioned, hereinabove, the arrear salaries as computed in respect of the petitioner, would carry an interest @ 6% per annum w.e.f. the date, the amount was due to be released to the petitioner till the date of its actual release. The Respondent Authorities, shall be at liberty to recover the interest component now attached to the arrear salaries of the petitioner from the defaulting Officials of the Elementary Education Department. 10. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant