Disposed

Abdul Jalil v. the State of Assam and 4 Ors.

Gauhati HC2 Aug 2019WP(C)/1069/2018

Case brief

AI extract

What is this about?

Petitioner, an Assistant Teacher acquitted of criminal charges and reinstated, sought release of withheld salary arrears totaling Rs.93,849/- for the suspension period. The High Court ordered verification and payment within two months.

What did the court decide?

Directing respondent authorities to verify and release the unpaid balance amount of Rs.93,849/- within two months from receipt of the certified copy of the order.

Abdul Jalil Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010027352018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 1069/2018

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1:ABDUL JALIL S/O- USMAN ALI, R/O- VILL- BORTHAL, KAIHARGAON, P.O- DOLGAON, P.S- MORIGAON, DIST- MORIGAON, ASSAM, PIN- 782126

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION DEPTT (ELEMENTARY), DISPUR, GUWAHATI-6

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2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GUWAHATI-6

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3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON DIST- MORIGAON ASSAM

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5:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHARIGHAT DIST- MORIGAON ASSA

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Advocate for the Petitioner : MR F K R AHMED Advocate for the Respondent : SC, ELEM. EDU

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH ORDER

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Date : 02-08-2019

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Heard Mr. F.K.R. Ahmed, learned counsel for the petitioner. Also heard Ms. D. Sinha, learned Standing Counsel for the Elementary Education Department as well as Mr. R. Borpujari, learned Standing Counsel for the Finance Department.

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Matter pertains to claim for release of arrear amounting to Rs.93,849/- for the period from 12.05.2014 to 28.02.2016, which has been withheld by the authorities without any reason.

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In this petition, the petitioner has been working as an Assistant Teacher in Goroimari M.E. Madrassa against the sectioned post and was placed under suspension vide order dated 21.05.2014 in connection with the Morigaon P.S. Case No.56/2014 lodged by his wife.

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It has been submitted that the criminal case which was initially lodged against him was closed by acquitting the petitioner from all the charges, thereafter the petitioner was reinstated in service on 18.112014.

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Accordingly, the petitioner became entitled to the arrear of pay for the period when he was placed under suspension. It has been submitted that though the authority had released a sum of Rs.5,47,948/- out of Rs.6,41,797/-, the remaining amounting of Rs.93,849/- is yet to be paid to the petitioner.

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In view of the above, the present petition is disposed of by directing the respondent authorities to verify the same and release the said unpaid balance amount to the petitioner within a period of 2(two) months from the date of receipt of a certified copy of this order.

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JUDGE

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Comparing Assistant

Abdul Jalil v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Abdul Jalil v. the State of Assam and 4 Ors.

Case brief

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