Disposed

Rinky Kumari Baroi v. the State of Assam and 5 Ors.

Gauhati HC4 Nov 2022WP(C)/3575/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition wherein the petitioner sought arrear salaries for a regularization period. The Court directed the Director of Elementary Education to process the proposal and ensure payment within two months.

What did the court decide?

Directed the Director of Elementary Education to process the arrear salary proposal and ensure payment within two months if the petitioner is found eligible.

Rinky Kumari Baroi Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/4

¶2

GAHC010101182022

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/3575/2022

¶5

RINKY KUMARI BAROI

¶6

D/O- KAPIL DEV BHAKTA, ASSTT. TEACHER, GOPINATH HORAKISHORE DEB VIDYAPITH SCHOOL, R/O- HOUSE NO. 148-A, ITKHOLA, DIST. CACHAR, ASSAM, PIN- 788002.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6.

¶9

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

¶10

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM

¶11

4:THE DI OF SCHOOLS SILCHAR DIST. CACHAR ASSAM PIN- 788001.

¶12

5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR

¶13

Page No.# 2/4

¶14

GUWAHATI ASSAM PIN- 781006. 6:THE TREASURY OFFICER CACHAR TREASURY SILCHAR SUB-DIVISION DIST. CACHAR ASSA

¶15

Advocate for the Petitioner : MR. A K DUTTA

¶16

Advocate for the Respondent : SC, ELEM. EDU

¶17

B E F O R E

¶18

HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

¶19

04-11-2022

¶20

Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. NJ Khataniar, learned Standing Counsel, Elementary Education Department for Respondents No.1, 2, 3 and 4; and Mr. A. Chaliha, learned Standing Counsel, Finance Department for Respondents No.5 and 6.

¶21

The petitioner while serving as Assistant Teacher in Gopinath Hora Kishore Deb Vidyapith L.P. School was placed under suspension by an order dated 14.03.2016 issued by the District Elementary Education Officer, Cachar. Thereafter, the petitioner was reinstated back in her original place of posting by an order dated 15.5.2017 issued by the District Elementary Education Officer, Cachar, Silchar. By another order dated 30.08.2018, issued by the Director of Elementary Education Officer, Assam, the suspension period of the petitioner i.e. with effect from

¶22

Page No.# 3/4

¶23

14.03.2016 to 15.05.2017 was regularized and the suspension period was treated as on duty.

¶24

Thereafter, the District Elementary Education Officer, Cachar by letter dated 18.11.2019 submitted a proposal for requirement of fund for payment of arrear salary of the petitioner for the period 14.03.2016 to 15.05.2017, addressed to the Director of Elementary Education, Assam. By another communication dated 19.02.2021, the Deputy Inspector of Schools, addressed to the Director of Elementary Education, Assam, submitted proposal for requirement of fund for payment of arrear salary to the petitioner for the period 14.03.2016 to 15.05.2017. However, till date, as her arrear salary has not been paid, the petitioner is before this Court.

¶25

Mr. NJ Khataniar, learned Standing Counsel, Elementary Education Department submits, on instructions, that the District Elementary Education Officer, Cachar, Silchar, by a letter dated 11.10.2022 has submitted the arrear salary proposal in respect of the petitioner amounting to Rs.2,09,251/- before the Director of Elementary Education, Assam. He submits that the Director of Elementary Education would process the same and ensure that the petitioner is paid her arrear salary at the earliest.

¶26

Recording the submission made by the learned Standing Counsel, Elementary Education Department, this writ petition is disposed of directing the Director of Elementary Education, Assam to act on the letter dated 11.10.2022 written by the District Elementary Education Officer, Cachar, Silchar and ensure that the petitioner is paid her arrear salary for the period 14.03.2016 to 15.05.2017, if she is found eligible, at the earliest. Let such exercise be completed within a period of two months

¶27

Page No.# 4/4

¶28

from the date of receipt of a copy of the order of this Court.

¶29

With the aforesaid observation and direction, this writ petition stands disposed of.

¶30

JUDGE

¶31

Comparing Assistant

Rinky Kumari Baroi v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Rinky Kumari Baroi v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tahera Begum Laskar Vs the State of Assam and 4 Ors.

Mridula Talukdar Vs the State of Assam and 4 Ors.

Dipak Borah Vs the State of Assam and 4 Ors.

Devananda Naohalia @ Debendu Naohalia and 2 Ors. Vs Preetom Saikia

Mainul Hoque Choudhury Vs the State of Assam and 5 Ors.

Dharani Medhi Vs the State of Assam and 4 Ors.