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2026 DAILYLAW 8925 (GAU)

MD NAJEERUL HAQUE v. THE STATE OF ASSAM AND 3 ORS

WP(C)/2752/2026 · 2026-06-23

N Unni Krishnan Nair

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010096862026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2752/2026 MD NAJEERUL HAQUE S/O LATE IBRAHIM ALI, R/O VILLAGE- BARCHARARPAR, P.O.- DUHALIA, DISTRICT- SRIBHUMI, ASSAM, PIN- 788724 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF FINANCE, DISPUR, GUWAHATI- 06 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF EDUCATION (SECONDARY) DISPUR GUWAHATI- 06 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 4:THE INSPECTOR OF SCHOOLS SRIBHUMI SRIBHUMI DISTRICT CIRCLE P.S. AND DISTRICT- KARIMGANJ ASSAM PIN- 78871 Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN,MS G TALUKDAR Page No.# 2/4 Advocate for the Respondent : SC, FINANCE, SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24-06-2026 Heard Mr. Z. Hussain, learned counsel for the petitioner. Also heard Mr. A. Chaliha, learned standing counsel, Finance Department, Assam appearing for the respondent No. 1 and Ms. D. Musahary, learned standing counsel, Secondary Education, Assam appearing for the respondent Nos. 2 to 4. 2. The petitioner in the present writ petition has raised a grievance with regard to non-authorisation of his arrear salary amounting to Rs. 50,214/- (Rupees Fifty Thousand Two Hundred Fourteen) for the period 01-01-2023 to 28-02-2024. 3. The petitioner in the writ petition has projected the he had joined as Superintendent at Simaluguri Sr. Madrassa, Nagaon in the year 1998. Thereafter, he was transferred to Idgah High School (A) and the said School was amalgamated with Idgah High School on 01-06-2022 and he is presently serving as the Head Master of the Idgah High School. The petitioner has further projected that on account of the financial up- gradation the MACP authorized to him, an arrear had occasioned for the period 01-01- 2023 to 28-02-2024. On account of the said financial up-gradation accorded to him, the petitioner was to receive an arrear amount of Rs. 50,214/-. It is projected that a proposal in this connection along with a non-drawl certificate with regard to 11 (eleven) employees of the School including the petitioner, herein, was forwarded on 29-11-2024. However, the Page No.# 3/4 said proposal in respect of the petitioner is yet to be given a consideration. 4. Ms. D. Musahary, learned standing counsel, Secondary Education, Assam submits that a fresh proposal in the matter in respect of each the teachers of the Idgah High School who is to receive arrear salaries is already required to be submitted by the Inspector of Schools, Sribhumi District Circle, Sribhumi. She submits that on receipt of the said proposal, further processing of the matter would be done at the directorate level and the matter would be forwarded to the Government for according approval for release of the amount involved. 5. Considering the nature of dispute raised in the present writ petition, this Court requires the jurisdictional Inspector of Schools, Sribhumi District Circle, Sribhumi, to submit a fresh proposal in terms of the communication dated 06-06-2026 issued from the Director, Secondary Education, Assam within a period of 30 days from the date of receipt of a certified copy of this order. 6. The said proposal shall be placed before the Director, Secondary Education, Assam. The Director, Secondary Education, Assam, within a further period of 30 days from the date of receipt of the fresh proposal from the jurisdictional Inspector of School shall process the same and place the matter before the Government in the Department of Secondary Education for grant of approval for release of the sum involved to the petitioner. The Commissioner & Secretary to the Govt. of Assam, Department of School Education on receipt of the said proposal from the Director, Higher Education, shall process the same and accord his approval leading to the release of the amount involved to the petitioner within a further period of 01 (one) month from the date of the said Page No.# 4/4 proposal from the Director, Secondary Education. Thereafter, the petitioner shall be released the amount involved in his Bank account. 7. The exercise as now required to be initiated and concluded be so processed by the authorities who are named hereinabove, by strictly adhering to the timeline set out by this Court, hereinabove. 8. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant