Page No.# 1/4 GAHC010010242025 2026:GAU-AS:3113 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/356/2025 RISHI KUMAR UPADHYAYA S/O- LATE JAGANNATH UPADHYAYA, RESIDENT OF VILL- NO. 1 BHURBANDHA, P.O.- BORGHULI, DISTRICT- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE (NDC) NAGAON P.O. AND DISTRICT- NAGAON ASSAM PIN- 782001 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 5:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA GUWAHATI-29 Page No.# 2/4 6:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI- Advocate for the Petitioner : MR. N HAQUE, MR K UDDIN,MR. A K AZAD,MR M HUSSAIN,MR. S R BARBHUIYA Advocate for the Respondent : SC, SEC. EDU., SC, AG (A AND E),SC, FINANCE DEPTT.,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 27-02-2026 Heard Mr. AK Azad, learned counsel for the petitioner. Also heard Mr. B Kaushik, learned Standing Counsel, Secondary Education Department appearing for respondent Nos. 1 to 3, Ms. RM Barooah, learned Standing Counsel, Finance Department appearing for respondent No. 4, Mr. B Chakraborty, learned Standing Counsel, Accountant General as well as Mr. G Pegu, learned Additional Senior Government Advocate appearing for the respondent No. 6. [2] Despite giving several chances, the respondents have not come up with the counter-affidavits, except respondent No. 2. Today once again, time has been sought for by the counsels for the respondents. However, considering the nature of grievance projected by the petitioner and the materials, which are available before this Court, this Court is of the considered view that the writ petition can be disposed of at this stage. [3] The petitioner earlier approached this Court by filing WP(C) 5012/2015, Page No.# 3/4 which came to be disposed of on 24.08.2023 by setting aside the order dated 30.06.2015 by which the provincialisaiton of the service of the petitioner was withdrawn. [4] Following the disposal of the writ petition in the above manner, the petitioner sought for release of his arrear salary, which according to him amounts to Rs.8,73,061/- for the period from June 2014 to February 2017. The same having not been paid to him, he has filed the instant writ petition. [5] The respondent No. 2 in the affidavit-in-opposition filed on 10.12.2025 has enclosed a copy of the letter dated 25.11.2025 written by the Inspector of School, NDC, Nagaon to the Director, Secondary Education reporting the fact that the petitioner has been serving and working till the last date of his retirement, i.e., 31.01.2019 from the date of joining as Hindi Teacher, Borghuli High School. It is seen that a copy of the said communication has also been made to the Secretary to the Government of Assam, Department of School Education and also to the District Commissioner, Nagaon for information. Further, the respondent No. 2 at paragraph 12 of the counter-affidavit has stated that pursuant to the report from the Inspector of School, NDC, Nagaon the file has been placed before the Government for appropriate instructions and the same is awaited. [6] In view of above, the writ petition is disposed of with a direction to the respondent No. 1, i.e., Commissioner & Secretary to the Government of Assam, School Education (Secondary) Department to consider and take into account the prayer made by the petitioner, particularly in the light of the report, which has already been submitted by the Inspector of School, NDC, Nagaon on 25.11.2025. Upon such consideration, if the petitioner is found to be entitled to Page No.# 4/4 receive the arrear salary as claimed by him, sanction for the same be made without further delay having regard to the fact that the petitioner had already retired from service on 31.01.2019. The entire exercise shall be carried out within a period of 2 (two) months from the date of receipt of a certified copy of this order. The Government’s sanction shall be conveyed to the Director, Secondary Education, who shall be responsible for disbursal of the due amount to the petitioner. JUDGE Comparing Assistant