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2026 DAILYLAW 8469 (GAU)

DIPAMONI PHUKAN @ KONWAR v. THE STATE OF ASSAM and 3 ORS.

WP(C)/3230/2017 · 2026-06-17

Kardak Ete

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010130432017 2026:GAU-AS:8836 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3230/2017 DIPAMONI PHUKAN @ KONWAR D/O LT. BONSHIDHAR PHUKAN W/O SHRI DILIP KONWAR R/O ENGER KONWAAR GAON P.O. DOLBAGAN, P.S. MATHURAPUR DIST. CHARAIDEO, ASSAM VERSUS THE STATE OF ASSAM and 3 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, EDUCATION SECONDARY DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI -19. 3:THE INSPECTOR OF SCHOOL SIVASAGAR DISTRICT CIRCLE DIST. SIVASAGAR ASSAM PIN - 785640 4:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI -06 Advocate for the Petitioner : MR.H RAHMAN, MRS.R GOGOI Advocate for the Respondent : SC, SECONDARY EDUCATION, SC, FINANCE Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 18.06.2026 Heard Mr. H. Rahman, learned counsel for the petitioner. The grievance raised in the present writ petition pertains to non-release of arrear salary to the petitioner for the period from July, 2001 to February, 2006. The petitioner was appointed as an Assistant Teacher in the year 1999 and was initially posted at Dhemaji Desangpai High School. Thereafter, she was transferred and posted to Tengapukhuri High School, Charaideo, on 13.03.2001. It is the case of the petitioner that she received her salary up to June, 2001. However, despite continuously discharging her duties, she was not paid salary for the period from July, 2001 to February, 2006. Thereafter, the petitioner started receiving her regular salary and continues to do so. Although the Headmaster of Tengapukhuri High School, Charaideo, and the Inspector of Schools, Sivasagar District, had forwarded the necessary proposal to the Page No.# 3/4 Director of Secondary Education, Assam, the arrear salary for the aforesaid period has not been released without any justifiable reason. Ms. P. Das, learned Standing Counsel, Secondary Education Department, by placing the communication dated 17.06.2026, issued by the Director of Secondary Education, Assam, submits that the Directorate has received the correct proposal from the Inspector of Schools, CDC, Charaideo, on 15.06.2026, regarding release of arrear salary for an amount of Rs. 3,89,217/- (Rupees three lakhs eighty nine thousand two hundred seventeen) only in respect of the petitioner for a period w.e.f. 01.07.2001 to 28.02.2006 (56 months) and the same is under process which would be submitted to the Government for necessary sanction at the earliest. Having considered that the claim of the petitioner for an amount of Rs. 3,89,217/- (Rupees three lakhs eighty nine thousand two hundred seventeen) only as arrear salary for a period w.e.f. 01.07.2001 to 28.02.2006 is undisputed and also considering that proposal for release of the said arrear salary is presently under process for obtaining the requisite sanction, I am of the considered view that no further adjudication is required in the present proceeding. Accordingly, the writ petition is disposed of with a direction to the respondent authorities, particularly the Director of Secondary Education, Assam, to expedite the process for sanction of the arrear salary from the period w.e.f. 01.07.2001 to 28.02.2006 expeditiously and release the same to the petitioner within a period not later than 3 (three) months from the date of receipt of a Page No.# 4/4 certified copy of this order. Writ petition stands disposed of. JUDGE Comparing Assistant