Page No.# 1/4 GAHC010038822026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1108/2026 MRS IRINA KONWAR S/O SRI ANANDA SAGAR DAS, R/O NEAR SANTAK TEA ESTATE, GARDEN HOSPITAL, P.O. AND P.S. SANTAK, DIST. SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECY. OT THE GOVT. OF ASSAM, HIGHER EDUCATION DEPTT., SACHIVALAYA, DISPUR, GUWAHATI 781006 2:THE DIRECTOR HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 3:THE DEPUTY DIRECTOR HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI 78101 Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI Advocate for the Respondent : SC, HIGHER EDU, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 11.09. 2026 Heard Mr. D. Gogoi learned counsel for the petitioner. Also heard Mr. S. Das, learned Standing Counsel, Higher Education. The petitioner who was serving as Associate Professor at Gargaon College, Sivsagar was placed under suspension vide order dated 27.08.2019, issued by the respondent authority upon being arrested in connection with Simaluguri P.S. Case No. 76/2019 under Section 406/409/420 of IPC. Thereafter, she was reinstated in service vide Speaking Order dated 05.10.2021, passed by the Director of Higher Education. After her joining in service, she duly applied for arrear salary in respect of the suspension period. The petitioner in the meantime superannuated and is in receipt of the pension and other retirement benefits. However, the arrear salary with regard to the period of suspension has not been released. Being aggrieved, the present writ petition has been filed. During the pendency of the writ petition, the respondent authorities have passed the following orders, dated 11.09.2026: “ SPEAKING ORDER In continuation of earlier speaking order vide No.DHE/CE/Misc-23/2019/134, dated 05-10-2021, the suspension of Smti. Irina Konwar, Associate Professor, Department of Zoology. Gargaon College was withdrawn and she was reinstated in her substantive post pursuant to the Page No.# 3/4 order dated 19-07-2021 passed by the Hon'ble Gauhati High Court in WP(C) No.3303/2021. Whereas, in the said speaking order the suspension period of Smti Irina Konwar was not reqularized. Now, the speaking Order is partially modified by treating the suspension period of Smti. Irina Konwar, Associate Professor, Department of Zoology, Gargaon College as on duty for all purpose. The full pay and allowances for the said suspension period shall be allowed and college is directed to submit a fresh arrear proposal within a period of 7(seven) days from the issue of this order. This is in continuation to the earlier speaking order issued on 05-10-2021 vide this office letter No.DHE/CE/Misc- 23/2019/134.” A perusal of the said order, reveals that the Director of Higher Education has modified the earlier order by treating the suspension period of the writ petitioner as on “duty” for all purposes, and the full pay and allowances for the said suspension period is to be allowed and the college is directed to submit a fresh arrear proposals within a period of 7 (seven) days from the date of issuance of the said order dated. In that view of the matter, it is seen that the claim made by the writ petitioner has been redressed by the Department of Higher Education. Accordingly, in view of the order passed by the Director of Higher Education, the concerned college authority will take all steps to put up the proposal for arrear salary of the writ petitioner. Pursuant to which, necessary Page No.# 4/4 orders in terms of the order dated 11.09.2026, issued by the Director of Higher Education, shall be passed by Director. Accordingly, this writ petition stands disposed of in terms of the above. Let this exercise be completed within a period of 90 (ninety) days from the date of receipt of certified copy of this order. JUDGE Comparing Assistant