Page No.# 1/5 GAHC010094592026 2026:GAU-AS:6841 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2571/2026 CHARITRA DOWARAH S/O LATE DHARMESWAR DOWARAH, R/O VILLAGE- BETBARI MITHAPUKHURI, P.O.- MITHAPUKHURI, P.S.- SIVASAGAR, ASSAM, PIN- 785697 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONADRY) DEPARTMENT, DISPUR, GUWAHATI -06 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 3:THE INSPECTOR OF SCHOOL SIVASAGAR DISTRICT CIRCLE DISTRICT- SIVASAGAR ASSAM PIN- 785640 4:THE PRINCIPAL BETBARI HIGHER SECONDARY SCHOOL P.O.- MITHAPUKHURI P.S.- SIVASAGAR DISTRICT- SIVASAGAR ASSAM Page No.# 2/5 PIN- 785697 5:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 0 Advocate for the Petitioner : MR. B J GHOSH, MR H RAHMAN,RUBI GOGOI Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 18-05-2026 Heard Mr. BJ Ghosh, learned counsel for the petitioners. Also heard Mr. U Sharma, learned Standing Counsel, Secondary Education Department appearing for respondent Nos. 1 to 3 as well as Mr. A Chaliha, learned counsel appearing for respondent No. 5. [2] By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for releasing his arrear salary to the tune of 25% due to him w.e.f. 01.11.2017 to 30.06.2024. The case of the petitioner is that he was appointed as an Assistant Graduate Teacher at Betbari Higher Secondary School and after due selection, he was appointed as a regular Principal on 02.05.2017 in the said School. The said appointment of Principal was done after a selection process conducted in the month of November, 2016 and being the eligible candidate for the post of Principal and having completed more than 17 (seventeen) years of service, the petitioner offered his candidature and after the Page No.# 3/5 selection process, more so, after the interview, the name of the petitioner was recommended for the said post and as such, he was appointed. [3] The petitioner further states that while he was rendering service as a regular Principal of the said School, he was served with an order by which, his appointment order was withdrawn by order dated 30.11.2017. The said appointment was withdrawn on the alleged ground that the petitioner’s Pass Certificate and Mark Sheet of B.Ed examination was verified and the same were found to be fake and in his place, the Inspector of Schools was allowed to hold the charge of Principal of the said School. Thereafter, the petitioner was put under suspension, vide order dated 21.12.2017 and a show-cause notice was issued to the petitioner on 20.09.2019 asking for his reply within a period of 10 (ten) days. [4] In pursuance to the said notice, the petitioner submitted his reply to the authorities concerned. The petitioner thereafter, states that although he was placed under suspension, the authorities did not pay his basic subsistence allowance and for that, he approached this High Court for the same, and the High Court, vide order dated, 31.07.2019 directed for payment of the subsistence allowance to the petitioner. In view of the said order, the petitioner was paid 75% of his basis pay, vide order dated 25.02.2020. [5] Thereafter, the petitioner filed another petition praying that he is still under suspension and a departmental proceeding was initiated in the year 2019, but the same has not progressed. This Court, vide order dated 02.06.2023, held that since suspension is not a penalty, and it is only taken recourse, nor having a disciplinary proceeding against the delinquent, the same cannot be allowed to prolong indefinitely, more so, without any progress in the departmental proceeding and in view of the said finding, the order of suspension was set Page No.# 4/5 aside. However, there was no direction with regard to his appointment as Principal in the said School and it was directed that he will continue as a Assistant Graduate Teacher in the said School. Pursuant to the said order, the petitioner was reinstated into service and posted as Assistant teacher of the said School, vide order dated 28.06.2024. [6] The learned counsel for the petitioner submits that although the suspension order of the petitioner was cancelled and the petitioner was reinstated into service, but the period of suspension was not regularized and 25% of the arrear salary was not paid to him for the said period. Aggrieved thereby, the petitioner submitted representation before the Inspector of schools through the Principal of the said School on 10.01.2025 praying for the remaining 25% of his arrear salary during his suspension period. However, the said representation was not paid heed to by the authorities. In addition, the petitioner had also made a representation to the Principal of the said School on 05.01.2026, which has not been replied to by the authorities concerned. The petitioner further states that under FR-54(B), it is provided that when a Government servant, who has been suspended is reinstated into service, he should be paid the pay and allowances for the period of suspension, ending with reinstatement. [7] In the facts and circumstances of the case, it is therefore, directed that the petitioner will make a fresh representation to the Inspector of Schools (respondent No. 3) bringing into knowledge to the authorities the entire facts of the case along with the prayer for his entitlement to which the authorities would respond within a period of 2 (two) months from the date of making of the application by passing a speaking order. The petitioner is directed to submit a fresh representation along with a copy of this order before the Inspector of Page No.# 5/5 Schools. [8] The writ petition stands disposed of. JUDGE Comparing Assistant