Petitioner challenged denial of arrear salary. Court noted Secondary Education Department revalidated sanction on 21.01.2019 with conditions, finding no cause for continuation as amount would be disbursed.
Writ petition dismissed as infructuous; sanction communication kept in record
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GAHC010159072018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4913/2018
PRAFULLA THAKURIA
S/O- LATE ADIT CHANDRA THAKURIA, VILL- SANTIPUR MAIN ROAD, P.O AND P.S- BHARALUMUKH, DIST- KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION DEPTT, ASSAM SECRETARIAT, DISPUR, GHY- 6, ASSAM
2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GHY- 6 ASSAM
3:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GHY- 28 4:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GHY- 19 ASSAM 5:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE KAHILIPARA GUWAHATI- 19 ASSA
Advocate for the Petitioner : MR. S SINHA Advocate for the Respondent : SC, SEC. EDU.
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BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
01-02-2021
Heard Mr. S. Sinha, learned counsel appearing for the petitioner and Mr. R. Mazumder, learned Standing counsel, Secondary Education Department for the respondent Nos. 1, 4 & 5 . Also heard Mr. B. Gogoi, learned Standing counsel, Finance Department for the respondent No. 2 and Mr. C. Baruah, learned Standing counsel, AG (A & E) Assam for the respondent No. 3.
It is brought to the notice of the Court that the respondents in the Secondary Education Department by its communication dated 21.01.2019 under No. ELC/COP(C)/174/2017/1658/95 conveyed revalidation sanction for an amount of Rs. 15,25,706/- towards the payment of arrear salary to the petitioner, a Hindi Teacher of Kamakhya High Secondary School, Kamrup (M) district for the period w.e.f. 01.03.2009 to 31.08.2012 in connection with Cont.(C) Case No. 174/2017 as well as WP(C) No. 404/2013 subject to the fulfillment of the conditions:- (i) that necessary taxes shall be deducted at source that is to be deposited in the State Government Account; (ii) that the disbursements are made through the individual Bank Account of the payee, (iii) the Drawing and Disbursal Officer shall be responsible for any over drawal or undue drawal and (iv) that the person concerned had held valid sanction post during the arrear period in question.
By the said communication dated 21.01.2019, the respondent in the Secondary Education Department intimated the respondent No.3, Accountant General of Assam that said sanctioned was issued on the strength of the Finance Department of the State letter No. BB.85/98/331 dated 21.10.2011 following the provisions of the AFRBM Act, 2005.
In view of such payment of Rs. 15,25,706/- to the petitioner which is communicated by the communication dated 21.01.2019, nothing survives in this writ petition.
Accordingly, this writ petition stands dismissed being infructuous.
The communication dated 21.01.2019 of the respondent in the Secondary Education Department be kept as a part of the record.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition survives after the revalidation sanction for arrear salary was communicated.
PRAFULLA THAKURIA
THE STATE OF ASSAM
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
