The Gauhati High Court disposed of the writ petition by directing the respondent authority to release the petitioners' arrear salary for a specific period within four months, citing a concurrent government order.
Direction to release arrear salary w.e.f. 13.06.2011 to 28.02.2017 within 4 months; writ petition closed.
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GAHC010043482022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1689/2022
GOURANGA SINGHA AND ANR
S/O- LATE TANU BABU SINGHA, VILL.- DHALIDAHAR, P.O. JANAKI BAZAR, P.S. PANCHGRAM, DIST.- HAILAKANDI, ASSAM
2: BHANU LEKHA SINHA D/O- BIDYA SENA SINHA VILL.- KALINAGAR PART-IV P.O. KALINAGAR P.S. PANCHGRAM DIST.- HAILAKANDI ASSA
VERSUS
THE STATE OF ASSAM AND 6 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6.
3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. AND P.S. HAILAKANDI ASSAM
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5:THE DEPUTY INSPECTOR OF SCHOOLS HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM
6:THE TREASURY OFFICER HAILAKANDI P.O. P.S. AND DIST.- HAILAKANDI ASSAM
7:THE BLOCK ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. P.S. AND DIST.- HAILAKANDI ASSA
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE K. SEMA
ORDER
Date : 23-09-2022
Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners and Mr. N.J. Khataniar, learned Standing counsel for the Elementary Education department. Also heard Mr. A. Chaliha, learned counsel for the respondents No. 2 & 6.
Mr. N.J. Khataniar, learned Standing counsel for the Elementary Education department has placed the copy of the order dated 22.09.2022 passed by the Government of Assam, Office of the Director of Elementary Education, Assam Kahilipara, Guwahati-19.
The decision in the order dated 22.09.2022 reads as;
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The learned counsel for the petitioner submits that in view of the order dated 22.09.2022, the writ petition may be closed by giving appropriate directions to the respondent authorities.
In the light of the order dated 22.09.2022, the respondent authority shall take necessary steps for releasing the arrear salary of the petitioner w.e.f 13.06.2011 to 28.02.2017 within a period of 4(four) months from today.
The writ petition stands closed accordingly.
The order dated 22.09.2022 shall be kept in the record of the case.
Comparing Assistant
2 issues framed by the court
Whether the writ petition should be closed upon issuance of government order directing release of arrear salary.
Whether the respondent authority should be directed to release the arrear salary within the specified time period.
GOURANGA SINGHA
THE STATE OF ASSAM
K. SEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
