Disposed

Rahmat Ali v. the State of Assam and 2 Ors.

Gauhati HC17 Aug 2022WP(C)/2925/2021

Case brief

AI extract

What is this about?

Petitioner Assistant Teacher sought arrear increments. Respondent Director issued notice on 16.08.2022. Court disposed of petition directing DEEO Nagaon to comply with Director's demands and effect payment within two months.

What did the court decide?

Directed District Elementary Education Officer, Nagaon to comply with Director's demands of 16.08.2022 and pay arrear increments within two months.

Rahmat Ali Vs the State of Assam and 2 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010082342021

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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)/2925/2021

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RAHMAT ALI S/O HASMAT ALI

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RESIDENT OF VILLAGE SONSERI, PO KANDHULIBARI VIA DHING, PS DHING, NAGAON, ASSAM, 782123

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VERSUS

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THE STATE OF ASSAM AND 2 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR GUWAHATI 781006,ASSAM

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2:THE DIRECTOR ELEMENTARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI 781019

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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NAGAON 782001 ASSA

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Advocate for the Petitioner : MR P BHARDWAJ

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Advocate for the Respondent : SC. EDU.

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 17.08.2022

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Heard Mr. P. Bharadwaj, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned standing counsel, Elementary Education for all the respondents.

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The petitioner who is serving as Assistant Teacher in Moiradhos M.E. School, Nagaon is aggrieved due to non-payment of arrear increments amounting to Rs. 11,91,785/- (Rupees Eleven Lakhs Ninety One Thousand Seven Hundred and Eighty Five Only) w.e.f the date of regularization i.e. 24.04.1998.

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It is the case of the petitioner that on the basis of a resolution passed by the School Management Committee of Moiradhos M.E. School, Nagaon, petitioner was appointed as Assistant Teacher in the year 1990. Thereafter, the Director of Elementary Education, Assam/respondent No.2 by order dated 03.05.2011, regularized the service of the petitioner along with 13 other Teachers.

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The learned counsel for the petitioner has drawn the attention of this Court to a communication dated 06.11.2020, written by the District Elementary Education Officer, Nagaon, Assam and addressed to the respondent No.2 whereby, a proposal was forwarded for necessary sanction of incremental benefits in respect of the petitioner w.e.f 01.04.1999, to 28.02.2019. The respondent No.2 by another letter dated 12.01.2021 wrote to the District Elementary Education Officer, Nagaon requesting to furnish copy of the Passed Certificate of undergoing Sr. Basic/Normal Training by the petitioner after being

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duly counter signed along with views of the DEEO, Nagaon that the petitioner is entitled to arrear increment benefits. The District Elementary Education Officer, Nagaon, Assam again by communication dated 19.01.2021, informed that the petitioner has already passed the Normal Training and other relevant documents were forwarded to the respondent No.2. However, despite all the steps being taken, the respondents are yet to pay the arrear increment to the petitioner and hence, the present writ petition.

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Ms. N. Phukan, learned standing counsel, Elementary Education has produced a letter dated 16.08.2022, written by the Director of Elementary Education, Assam and addressed to the District Elementary Education Officer, Nagaon and the relevant portion of the letter is extracted herein below:

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“GOVT. OF ASSAM

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OFFIXCE OF THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM KAHILIPARA, GUWAHATI-19

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e-mail ID: [email protected] e-mail ID: [email protected]

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No. EPMD.5/2020/165

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Dated Kahilipara, the 16^th August/2022

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From Smti Suranjana Senapati, ACS,

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Director of Elementary Education, Assam Kahilipara, Guwahati-19

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To The District Elementary Education Officer, Nagaon.

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Sub: Arrear salary in respect of Rahmat Ali, AT, Athgaon MV School. Ref: Your letter No.DEEO (N)/B-20/2020-21/6294 dated 22/11/2021. Sri,

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With reference to the subject cited above, I would like to request you to furnish the following information/clarification against the following points for taking further course of action from this end.

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The regular working certificate should specify the Govt. sanction/post creation No and as well as the regular working period of such arrear claimed to be mentioned with due authentication from the District authority

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The Bank IFSC Code as well as DDO Code in the Prescribed Finance formant properly to be mentioned;

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In the due and drawn statement the following are to be clearly mentioned:

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(a) The period of arrear amount from April/1999 to December, 1999.

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(b) Rate of House Rent and percentage of DA during month of Jan/2016, March/2016.

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The due and drawn statements are also authenticated by the district authority.

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The Training pass certificate as well as the Degree pass certificate / Mark Sheet is to be furnished.

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The specific reason of non-drawal of salary in due time should be corrected properly in the Finance Department format (copy enclosed).

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The matter mat be treated as “ Most Urgent”.

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Yours Faithfully,

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Director,

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Elementary Education, Assam

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Kahilipara, GUwahati-19”

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On consideration of the aforementioned letter dated 16.08.2022, this writ petition is disposed of by directing the District Elementary Education Officer, Nagaon to take immediate steps in terms of the letter dated 16.08.2022, written by the respondent No.2 within a period of 2(two) weeks from today. Thereafter, the respondent No.2 on consideration of all necessary documents and after

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verification shall take all necessary steps to ensure that the arrear increment in respect of the petitioner is paid within a period of 2(two) months from the date of receipt of the information/clarification from the District Elementary Education Officer, Nagaon in terms of the letter dated 16.08.2022.

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With the above observations and directions, this writ petition is disposed of.

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Comparing Assistant

Rahmat Ali v. the State of Assam and 2 Ors.

Case brief

What is this about?

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Rahmat Ali v. the State of Assam and 2 Ors.

Case brief

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