Disposed

Ashoka Rani Bhattacharjee v. the State of Assam and 5 Ors.

Gauhati HC7 Sept 2022WP(C)/1314/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding the non-payment of arrear salary for a retired assistant teacher. The court directed the Director of Secondary Education to examine the petitioner's representation on its own merit and pass an appropriate order.

What did the court decide?

Direction to respondent No.3/Director of Secondary Education to examine the representation dated 01.12.2020 submitted by the petitioner on its own merit and pass a consequential order.

Ashoka Rani Bhattacharjee Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010026802021

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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)/1314/2021

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ASHOKA RANI BHATTACHARJEE

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W/O LATE SHANTIPADA BHATTACHARJEE, ASSTT. TEACHER, HINDI, CHOTA DUDH PATIL HIGH SCHOOL, CACHAR, ASSAM, R/O SUBAHSH NAGAR, NETAJI ROAD, SUSHAMA ENCLAVE, FLAT NO. 90/3/A SILCHAR, DIST. CACHAR, ASSAM, PIN 788004

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN 781006

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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

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FINANCE DEPTT. ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI ASSAM PIN 781006

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3:THE DIRECTOR OF SECONDARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI ASSAM PIN 781019

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4:THE INSPECTOR OF SCHOOLS

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CACHAR DIST. CIRCLE SILCHAR DIST. CACHAR ASSAM PIN 788001 5:THE HEADMASTER CHOTA DUDH PATIL HIGH SCHOOL CHUTA DUDPATIL DIST. CACHAR ASSAM PIN 788002

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6:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI ASSAM PIN 78102

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Advocate for the Petitioner : MR. A K DUTTA

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Advocate for the Respondent : SC, EDU

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 07.09.2022

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Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. N. J. Khataniar, learned Standing Counsel for the Secondary Education Department and Mr. A. Hassan, learned Standing Counsel for the Accountant General, representing respondent No.6.

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The grievance of the petitioner relates to non-payment of her arrear salary for the period with effect from June, 1996 to August, 1997 for the services rendered by her as Assistant Teacher at Indra Kumari Girls H.S. School, Hailakandi, and also for the period with effect from June, 2007 to February,

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Page No.# 3/3

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2009 for the services she rendered as Assistant Teacher at Chuta Dudh Patil High School, in the Cachar District. The petitioner availed voluntary retirement scheme with effect from 30.11.2021 and thus, no longer in service.

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Though, this writ petition has been filed in the year 2021, no counteraffidavits have been filed by any of the respondents. However, vide the Annexure-9 to the writ petition, the petitioner appears to have submitted a representation for payment of arrear salary for the period mentioned above to as many as 7(seven) authorities named therein. The representation is dated 01.12.2020.

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Under the circumstances, the learned counsels appearing for the parties submit that this writ petition may be disposed of with a direction to the respondent authorities to dispose of the representation dated 01.12.2020 submitted by the petitioner to the respondent authorities.

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Since the prayer made by the writ petitioner is limited to the disposal of the representation submitted by the petitioner, accordingly, with the consent of the learned counsels appearing for the parties, this writ petition is disposed of with a direction to the respondent No.3/the Director of Secondary Education, Kahilipara, Guwahait to examine the representation dated 01.12.2020 submitted by the petitioner on its own merit and pass a consequential order thereafter.

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The writ petition stands disposed of, with the above direction.

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JUDGE

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Comparing Assistant

Ashoka Rani Bhattacharjee v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Ashoka Rani Bhattacharjee v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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