Allowed

Md. Bahrul Islam v. the State of Assam and 5 Ors.

Gauhati HC26 Oct 2021Review.Pet./188/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a review petition seeking clarification that the earlier order directing verification and release of DA and salary arrears (1998-2005) also includes a separate claim for arrear salary (2011). The Court held the original direction covered the later claim and allowed the review to clarify this.

What did the court decide?

The review petition allowed clarifying that the order dated 25.09.2019 includes the claim for arrear salary from 01.01.2011 to 31.12.2011 amounting to Rs.24,090/- for verification and release.

Md. Bahrul Islam Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010272142019

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

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Case No. : Review.Pet./188/2019

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MD. BAHRUL ISLAM

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S/O- LATE DEWAN ALI, RETIRED SCHOOL TEACHER, R/O- VILL.- AND P.O. BARNI, P.S. HAJO, DIST.- KAMRUP(R), ASSAM, PIN- 781102.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, GUWHATI-6.

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2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT GUWAHATI-6.

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3:THE ACCOUNTANT GENERAL GOVT. OF ASSAM MAIDAM GAON BELTOLA GUWAHATI-29

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4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

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5:THE INSPECTOR OF SCHOOLS KAMRUP(R) DISTRICT CIRCLE AMINGAON GUWAHATI-31

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6:THE TREASURY OFFICER KAMRUP(R) AMINGAON GUWAHATI-31

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Page No.# 2/3

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Advocate for the Petitioner : MUSTAFIJUR RAHMAN

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Advocate for the Respondent : SC, EDU

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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 : 26-10-2021

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Heard Mr. M. Rahman, learned counsel for the review petitioner. Also heard Mr. R. Borpujari, learned Standing Counsel, Finance Department.

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2. Though none appears for the Education Department, the present review petition is disposed of on the basis of the submissions advanced by Mr. Borpujari, learned Standing Counsel, Finance Department and the learned counsel for the review petitioner and available records.

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3. The present review petition is filed seeking clarification of the order dated 25.09.2019 passed in WP(C) No.3085/2018.

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4. On 25.09.2019, this Court passed the following order:-

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“ Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. J. Abedin, learned Standing Counsel, Secondary Education Department; Mr. B. Deuri, learned Govt. Advocate, Assam and Mr. A. Hasan, learned Standing Counsel, AG.

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2. The claim made in this petition is for grant of arrear Dearness Allowance (DA) amounting to Rs.56,351/- (Rupees fifty six thousand three hundred fifty one) only as well as other entitlements including arrear salary for the period from 01.01.1998 to 31.05.2005 to the petitioner.

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3. In view of above, this Court directs that the authorities will verify the said claim of the petitioner for release of said amounts i.e. Arrear Dearness Allowance amounting to Rs.56,351/as well as other entitlements including arrear salary for the period from 01.01.1998 to 31.05.2005 and after making necessary verification if the petitioner is found to be entitled, the same may be released to the petitioner within a period of three months from the date of receipt of a certified copy of this order. ”

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5. Learned counsel for the review petitioner submits that while passing the aforesaid order, this Court did not refer to another claim of the review petitioner in respect of

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Rs.24,090/- which is arrear of salary after ACPS for the period 01.01.2011 to 31.12.2011 and, as such, it has been submitted that necessary order may also be passed as regard the said prayer, as the order dated 25.09.2019 relates only to the claim for grant of arrear Dearness Allowance (DA) amounting to Rs.56,351/- (Rupees fifty six thousand three hundred fifty one) only as well as other entitlements including arrear salary for the period from 01.01.1998 to 31.05.2005.

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6. A close perusal of the order dated 25.09.2019, however, indicates that the direction was issued to the authorities to verify the claim of the petitioner for release of the said amounts, i.e., the Arrear Dearness Allowance amounting to Rs.56,351/- “as well as the other entitlements” including arrear salary for the period from 01.01.1998 to 31.05.2005 and, as such, in the opinion of this Court, the aforesaid direction issued by this Court on 25.09.2019 will also include the claim of the review petitioner amounting to Rs. Rs.24,090/- which the review petitioner claims to be arrear of salary after ACPS for the period 01.01.2011 to 31.12.2011.

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7. The review petition is allowed to the extent indicated above by clarifying that the aforesaid direction issued on 25.09.2019 will also include the said claim for arrears of salary after ACPS for the period of 01.01.2011 to 31.12.2021 amounting to Rs.24,090/-.

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JUDGE

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Md. Bahrul Islam v. the State of Assam and 5 Ors.

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Md. Bahrul Islam v. the State of Assam and 5 Ors.

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