Page No.# 1/4 GAHC010102992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2834/2026 SRI NITYENDU BHUSAN DAS ASSISTANT TEACHER (RETIRED), RABIDASPARA HORIZON M.V. SCHOOL, SILCHAR, DIST- CACHAR, ASSAM. RESIDING AT S/O- NAGENDRA CH. DAS VILL- BERENGA PART-II, DIST- CACHAR, SILCHAR, ASSAM, PIN-788005. VERSUS THE STATE OF ASSAM AND ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM. 5:INSPECTOR OF SCHOOLS SILCHAR ASSAM Page No.# 2/4 Advocate for the Petitioner : LOHIT GOGOI, Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 19.06.2026 Heard Mr. L. Gogoi, learned Counsel for the petitioner, , Ms. S. Chutia, learned Standing Counsel, Elementary Education Department and Ms. R.M. Baruah, learned Counsel, Finance Department. 2. By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for writ in a nature of mandamus directing the respondent authorities to pay the arrear salary of Rs. 77,544/- to the petitioner. 3. The case of the petitioner is that he was appointed as an Assistant Teacher in Rabidaspara Horizon M.V. School ,Silchar, Cachar on 13.01.1984 and that after his tenure as the said Teacher, he retired from his service on 31.12.2021. The petitioner further submits that after his retirement he had received all the pensionary benefits including the monthly pension but he did not receive one arrear salary of Rs. 77,544/-. He submits that the said amount was due to him on account of his third financial upgradation under Modified Assured Career Progression Schemes (MACPS) and the period for which he is entitle to get the arrear salary was from 01.01.2017 to 31.10.2020. 4. It is the further case of the petitioner that the District Elementary Education Officer, Cachar by a memorandum dated 01.10.2020 had directed the Block Elementary Education Officer to release the financial upgradation which Page No.# 3/4 the teachers are entitled under the Modified Assured Career Progression Schemes (MACPS) and in pursuance to the same, one list was prepared and the petitioner was at serial no.16. He further states that in pursuance thereof, the Deputy Inspector of Schools forwarded the proposal for payment of arrear salary to the petitioner by letter dated 02.08.2025 and that thereafter, the District Elementary Education Officer, Cachar, Silchar, forwarded the said proposal of arrear salary to be paid to the petitioner to the Office of Director of Elementary Education on 05.08.2025 but it is the case of the petitioner that till date, he was not paid with the said amount. 5. The learned Counsel for the petitioner submits that the petitioner is entitled for the said amount under the Modified Assured Career Progression Schemes (MACPS) and proposals were also sent for payment of the same but till date he has not been paid. 6. The learned Counsel for the Elementary Education Department, Ms. S. Chutia has placed an instruction by which it was intimated that the arrear salary proposal in respect of the petitioner could not be submitted to the Government for sanction due of lack of budget provision in the respective Head of Account during the financial year 2025-2026. 7. The learned Counsel for the Finance Department submits that proposal for payment of arrear salary had not been sent to the Finance Department and once that proposal is sent by the authorities concerned, there is no objection on the part of the Finance Department to clear the dues. 8. On consideration of the submissions made by the learned Counsels, it is therefore directed that the Director of Elementary Education would send the proposal for payment of the arrear salary due to the petitioner to the Finance Page No.# 4/4 Department, who would in turn would disburse the same to the Administrative Department of the Elementary Education. Since it is noticed that the petitioner is entitled for the said amount and the list was also prepared wherein the name of the petitioner finds place for payment of the same and due to the lack of budget, the same could not be proceeded, the aforesaid direction is made. 9. It is further directed that the necessary exercise be conducted within a period of two months from the date of receipt of this order by the authorities i.e. the Office of Elementary Education as well as the Finance Department. 10. Petition is as such disposed of. JUDGE Comparing Assistant