Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010160282026
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4373/2026 MADHURI RANI PAUL D/O- LATE JITENDRA MOHAN DEY VILLAGE- RAKESH ROAD P.O.- PATHARKANDI DIST.- SRIBHUMI, ASSAM PIN- 788724 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR, GUWAHATI-781006 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF EDUCATION (SECONDARY) DISPUR GUWAHATI-781006 3:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-781019 4:THE INSPECTOR OF SCHOOLS SRUBHUMI SRIBHUMI DISTRICT CIRCLE P.S. AND DIST.- KARIMGANJ ASSAM PIN- 78871 Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN Advocate for the Respondent : SC, EDU, SC, FINANCE
Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER Date : 17.08.2026 Heard Mr. Z Hussain, Learned Counsel for the Petitioner. Also heard Mr. U N Sarma, Learned Standing Counsel, Department of Secondary Education, Assam. 2. The Petitioner, vide the present Writ Petition, prayed for a direction upon the Respondent authorities to authorize to her, her arrear salaries, for the period, w.e.f 01.01.2017 to 30.11.2020, amounting to Rs. 36,924/- (Rupees Thirty-Six Thousand Nine Hundred Twenty-Four Only). 3. The Petitioner in the present Writ Petition is working as a Grade-IV employee in Model H.S School, Patharkandi, Sribhumi, Assam. The Petitioner had joined her services in such capacity on 27.09.1994. The Petitioner was granted financial up-gradation under the Modified Assured Career Progression (MACP) Scheme. However, the arrears, although computed, the same for the period, w.e.f 01.01.2017 to 30.11.2020, was not released to the Petitioner. Accordingly, being aggrieved, the Petitioner has instituted the present Writ Petition. 4. I have heard the learned Counsel for the Parties and perused
Page No.# 3/5 the materials available on record. 5. From the materials available on record, this Court finds that the Principal, Model H.S School, Patharkandi, Sribhumi, Assam, had prepared a statement of the arrears of salaries, receivable by the Teaching and Non-Teaching Staff of the School, on account of grant of financial up-gradation, under the Modified Assured Career Progression Scheme (MACP), to them. In the said list, the name of the Petitioner figures and an amount of Rs. 36,924/- (Rupees Thirty-Six Thousand Nine Hundred Twenty-Four Only), was shown to be receivable by the Petitioner, for the period, w.e.f January 2017 to November 2020, as arrear of her salaries, on account of the said financial up-gradation granted to her. The entitlement of the Petitioner for the said arrear salaries and the non-drawal, thereof, is further, reflected in a certificate dated 19.10.2023, issued by the Principal, Model H.S School, Patharkandi, Sribhumi, Assam. This Court finds that after the said proposal was so submitted by the Principal, Model H.S School, Patharkandi, Sribhumi, Assam, the Respondent authorities have not acted further in the matter. 6. In view of the said position and at least from the statement, as prepared by the Principal, Model H.S School, Patharkandi, Sribhumi, Assam, this Court, having found that the Petitioner is entitled to draw an
Page No.# 4/5 amount of Rs.
36,924/- (Rupees Thirty-Six Thousand Nine Hundred Twenty-Four Only) as arrear of her salaries, this Court is of the considered view that the present Writ Petition need not be detained further for adjudication. 7. In view of the above, the Petitioner is directed to submit a representation before the Director of Secondary Education, Assam, for being authorized the arrear salaries to the extent of an amount of Rs. 36,924/- (Rupees Thirty-Six Thousand Nine Hundred Twenty-Four Only) for the period, w.e.f January 2017 to November 2020, along with a certified copy of this order. The Petitioner, along with her representation, shall also enclose the statement as prepared in the matter by the Principal, Model H.S School, Patharkandi, Sribhumi, Assam, (annexed as Annexure I to the Writ Petition) and the certificate dated 19.01.2023 (annexed as Annexure 2 to the Writ Petition). The Director of Secondary Education, Assam, on receipt of such representation from the Petitioner, shall consider the same, in the light of the contemporaneous records, and ascertain the veracity of the claim of the Petitioner. In the event it is found that Petitioner is entitled to receive an amount of Rs. 36,924/- (Rupees Thirty-Six Thousand Nine Hundred Twenty-Four Only) as arrears of her salaries, the Director of Secondary Education, Assam, shall process the matter further and authorize to the Petitioner, the
Page No.# 5/5 arrears of her salaries, within the period of 6 (Six) months from the date of receipt of the representation, along with the certified copy of this
order from the Petitioner.
8. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant