Disposed

Mridula Talukdar v. the State of Assam and 4 Ors.

Gauhati HC3 Nov 2022WP(C)/2919/2021

Case brief

AI extract

What is this about?

A High Court disposed of a writ petition filed by an Additional Teacher regarding non-crediting of her salary for February, March, and April 2020. The Court directed her to file a fresh representation to the Director, Secondary Education.

What did the court decide?

Directive to file fresh representation; Director to consider and pay salary if eligible within specified timelines.

Mridula Talukdar Vs the State of Assam and 4… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010080762021

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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)/2919/2021

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MRIDULA TALUKDAR W/O SRI PARAG BARMAN

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RESIDENT OF VILLAGE, PO AND PS BELSOR DIST NALBARI, ASSAM 781304

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI 06

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2:THE COMMISSIONER AND SECRETARY

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GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 06

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KAMRUP M ASSAM

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3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 KAMRUP M ASSAM

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4:THE INSPECTOR OF SCHOOLS

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NALBARI DISTRICT CIRCLE NALBARI COLLEGE ROAD DIST NALBARI ASSAM 781335

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Page No.# 2/3

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5:THE PRINCIPAL KAKAYA HIGHER SECONDARY SCHOOL KAKAYA DIST NALBARI ASSAM 78130

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Advocate for the Petitioner : MR. S BARMAN

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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03-11-2022

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Heard Mr. S. Barman, learned counsel for the petitioner. Also heard Ms. D. Musahary, learned standing counsel Secondary Education Department for respondent Nos. 1, 3 and 4 and Mr. A. Chaliha, learned standing counsel, Finance Department, for respondent No. 2.

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The petitioner was initially appointed as Assistant/Additional Teacher on contractual basis in English Department in Kakaya Higher Secondary School, Kakaya, Nalbari by an order dated 18.08.2010. The petitioner also signed an agreement with the concerned authorities on 31.08.2020 for being appointed as Additional Teacher on contractual basis till further order or till attaining the age of 60 years. The petitioner was granted Maternity Leave for a period of 180 days w.e.f. 06.09.2019 to 05.03.2020 by an order dated 03.03.2020 issued by the Inspector of Schools, NDC Nalbari.

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It is the case of the petitioner that her salary for the months of February,

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Page No.# 3/3

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March and April of 2020 has not been credited in her account till date. Accordingly, the petitioner made several representations before the Inspector of Schools, Nalbari. However, as there was no positive results, the petitioner is before this Court by way of this writ petition.

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The Principal, Kakaya Higher Secondary, who is the respondent No. 5 in the present writ petition has filed counter-affidavit and at Para 5 of the said counter-affidavit it is stated that the petitioner has not received the monthly salary for the months of February, March and April 2020 till date. It is also stated that the pending salaries due to the petitioner for the month of February is within her Maternity Leave period and for the months of March and April are her monthly salary.

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No affidavit has been filed by the Secondary Education Department, however, considering the short matter involved in the present writ petition, this writ petition is disposed of directing the petitioner to file a fresh representation before the Director, Secondary Education for release of her salary for the months of February, March and April 2020 within a period of 2 (two) weeks from today. Thereafter, the Director, Secondary Education shall consider the representation and if the petitioner is found eligible the same shall be paid to the petitioner within a period of 2(two) months from the date of receipt of the representation.

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Writ petition is disposed of accordingly.

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JUDGE

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Comparing Assistant

Mridula Talukdar v. the State of Assam and 4 Ors.

Case brief

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Mridula Talukdar v. the State of Assam and 4 Ors.

Case brief

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