Disposed

A. Arun Kumar Singha v. the State of Assam and 4 Ors.

Gauhati HC11 Feb 2021WP(C)/5564/2020

Case brief

AI extract

What is this about?

The petitioner sought arrear salary for the period 01.02.2007 to 25.02.2017 after the Tribunal set aside his termination. The Court directed authorities to verify the claim and release dues if entitlement is found within four months before disposing of the writ petition.

What did the court decide?

Respondents directed to verify claim for arrear salary for the period 01.02.2007 to 25.02.2017 and release it forthwith if entitlement is found.

A. Arun Kumar Singha Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010184902020

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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)/5564/2020

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A. ARUN KUMAR SINGHA

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S/O- A A JAYANTA KUMAR SINGHA, MANIPURI LANGUAGE TEACHER (ALT), KHA PATAMA ME SCHOOL, CACHAR, VILL- JAIPUR, PART-II, P.O. RAJABAZAR, P.S. LAKHIPUR, DIST.- CACHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GHY-6

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2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19

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4:THE INSPECTOR OF SCHOOLS CDC CACHAR SILCHAR ASSAM

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5:THE TREASURY OFFICER CACHAR P.O. P.S. SILCHAR DIST.- CACHAR

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ASSA

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Advocate for the Petitioner : MR. A M BARBHUIYA

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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11.02.2021

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Heard Mr. A. M. Barbhuiya, learned counsel appearing for the petitioner. Also heard Ms. P. Chakraborty, learned Standing Counsel, Secondary Education for respondent Nos. 1, 3 and 4 as well as Mr. A. Chaliha, learned Standing Counsel, Finance for respondent Nos. 2 and 5.

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2. Being aggrieved with non-payment of his arrear salary for the period from 01.02.2007 to 25.02.2017, the petitioner has preferred this writ petition.

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3. Pursuant to a Government letter dated 29.12.2000, the petitioner was appointed as a Manipuri Language Teacher in Sibasthan Middle School against a non-sanctioned post. The District Elementary Education Officer (DEEO), Cachar, Silchar by order dated 17.02.2001 adjusted the service of the petitioner in Kh. Patama ME School under Udharbond Education Block of Cachar District against a vacant sanctioned post. In pursuance of the Government order dated 06.02.2007, the DEEO, Cachar, Silchar by order dated 08.02.2007 terminated the service of the petitioner along with 20 others as they were appointed in service without following the existing selection procedure at the time of their appointment and adjustment in service. It is stated that the petitioner along with such other terminated Manipuri Language Teachers of Cachar district approached the Assam Administrative Tribunal, Guwahati for redressal of their grievances by filing Case No. 40ATA/2010 (Smti. Kumudini Singha & others

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-Vs- State of Assam and others). The said Tribunal by order dated 10.09.2010 passed in the said Case No. 40ATA/2010 set aside the termination of the petitioner dated 08.02.2007. However, the Tribunal in the said order dated 10.09.2010 observed that regarding prayer of arrear salary, the matter was remanded back to the concerned administrative authority for necessary consideration as per provision of rules and regulations.

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4. Pursuant to the said order of the Tribunal dated 10.09.2010 petitioner was allowed to resume his duty in his original post as Manipuri Language Teacher in his said school. Later the petitioner was placed at Madhura ME School of Cachar District as its Assistant Teacher. As per the order of the State Government in the Secondary Education Department dated 03.08.2017 said Madhura ME School of Cachar District was amalgamated with Madhura Sanatan Samiti High School of Cachar District, under the ‘Siksha Khetra’ Scheme, as both the schools are in the same campus,. Since then petitioner is serving as an Assistant Teacher of said Madhura Sanatan Samiti High School under the Inspector of Schools, Cachar District Circle, Cachar, Silchar.

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5. Since the authorities have not yet considered and released the arrear salary to the petitioner for the period from 01.02.2007 to 25.02.2017 as directed by the Assam Administrative Tribunal, Guwahati by order dated 10.09.2010 passed in the said Case No. 40ATA/2010, the petitioner has approached this Court.

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6. After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of directing the respondent authorities to verify the claim for arrear salary of the petitioner for the period from 01.02.2007 to 25.02.2017 as noted above and if it is found that the petitioner had rendered service for the aforesaid period and is entitled to salary as per rules, the same shall be released to the petitioners forthwith.

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7. The respondent authorities shall carry out the aforesaid exercise within a period of 4 (four) months from the date of receipt of a certified copy of this order to be submitted by the petitioner along with his fresh representation before the respondent authorities obtaining necessary acknowledgment from such authorities.

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8. With the above observation and direction this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

A. Arun Kumar Singha v. the State of Assam and 4 Ors.

Case brief

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A. Arun Kumar Singha v. the State of Assam and 4 Ors.

Case brief

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