Partly allowed

Md. Yusuf Ali v. the State of Assam and 4 Ors.

Gauhati HC13 Sept 2019WP(C)/6289/2015

Case brief

AI extract

What is this about?

Petitioner claimed non-payment of salary since joining as an Assistant Teacher on 18.02.2013. The Gauhati High Court directed the authorities to examine the claim of regular appointment and, if substantiated, grant current and arrear salary within four months.

What did the court decide?

Direct authorities to examine petitioner's claim of regular appointment and grant current and arrear salary within four months if found entitled.

Md. Yusuf Ali 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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GAHC010023312015

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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) 6289/2015

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1:MD. YUSUF ALI

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S/O ABDUL MAZID AHMED, R/O HARIPUR, P.O. DINGDINGA, DISTDHUBRI, ASSAM

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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 SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GHY-6

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2:THE DIRECTOR OF MADRASSA EDUCATION ASSAM KAHILIPARA GHY-19

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3:THE COMMISSIONER AND SECY. TO THE GOVT.OF ASSAM FINANCE DEPTT. DISPUR GHY-6 4:THE INSPECTOR OF SCHOOLS DHUBRI D.D.C. P.O. and DIST- DHUBRI ASSAM PIN-783301

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5:THE SUPERINTENDENT KACHARIGAON SENIOR MADRASSA P.O. KAMANDANGA PIN-783332 DIST- DHUBRI ASSA

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Advocate for the Petitioner : MR.A RAHMAN

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Page No.# 2/2

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Advocate for the Respondent : SC, SECONDARY EDUCATION

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BEFORE

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HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 13-09-2019

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Heard Mr. A.Rahman, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Secondary Education Department.

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In this petition, the matter pertains to the claim of the petitioner for grant of salary.

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It has been submitted that the petitioner was appointed as an Assistant Teacher in Kacharigaon Sr. Madrassa by following due process by the respondent No. 2 vide appointment order dated 11.12.2013 and accordingly, the petitioner joined service on 18.02.2013. It is claimed by the petitioner that he has been appointed as an Assistant Teacher and working since 18.02.2013. He has not been paid salary.

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The authorities will examine the claim of the petitioner and if the petitioner is found to be appointed regularly as claimed by him, he may be given the current salary and also the arrear salary as per the Rules.

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The aforesaid exercise shall be undertaken by the authorities within a period of 4 (four) months from the date of receipt of a certified copy of this order.

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JUDGE

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Comparing Assistant

Md. Yusuf Ali v. the State of Assam and 4 Ors.

Case brief

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Md. Yusuf Ali v. the State of Assam and 4 Ors.

Case brief

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What the court decided

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