A teacher sought payment of arrear salaries from 01.01.2013 to 28.02.2019. During hearing the State produced a communication sanctioning Rs.21,45,993 in arrear salary. The writ petition was closed with a direction to pay the sanctioned arrears within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010181012022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6041/2022
MANESWAR KALITA
S/O- LT. SADHIRAM KALITA, ASSTT. SCIENCE TEACHER, BARAMBOI GIRLS HIGH SCHOOL, VILL- KETAMIBARI, P.O. BARAMBOI, HOJAI 781104, DIST.- KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT., DISPUR, GHY-06
2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GHY-19 ASSAM
3:INSPECTOR OF SCHOOLS AMINGAON DISTRICT KAMRUP (RURAL) 781031 ASSA
Advocate for the Petitioner : MR. R C SAIKIA
Advocate for the Respondent : GA, ASSAM
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 16.07.2024
1. Heard Mr. R.C. Saikia, learned counsel for the petitioner.
2. Also heard Ms. D. Musahary, learned standing counsel, Secondary Education Department.
3. The petitioner has filed the present writ petition praying for payment of his arrear salaries for the period w.e.f. 01.01.2013 to 28.02.2019 for the services rendered by him as a Graduate Teacher in the Baramboi Girls High School, Kamrup (R) in the district of Kamrup (R), where he is presently serving till date.
4. During the course of hearing, Ms. D. Musahary, learned standing counsel, Secondary Education Department, has produced a Communication, dated 29.06.2024, written by the Joint Secretary to the Government of Assam, Department of School Education and addressed to the Accountant General (A&E), Assam, conveying the sanction of the Governor of Assam for payment of arrear salary of Rs.21,45,993/- in respect of the petitioner for the period w.e.f. 01.01.2013 to 28.02.2019.
5. Mr. R.C. Saikai, learned counsel for the petitioner, submits that as the sanction has already been granted for payment of the arrear salary, the present writ petition may be closed, however, with a direction to the concerned respondents to release the arrear salary at an early date.
6. After hearing the learned counsel for the parties and particularly taking into consideration the Communication dated 29.06.2024, by which, sanction has
Page No.# 3/3
been granted for payment of arrear salaries in respect of the petitioner w.e.f. 01.01.2013 to 28.02.2019 amounting to Rs.21,45,993/-, this Court is of the considered opinion that nothing survives in the present writ petition and accordingly, the same is closed.
7. However, the concerned authorities shall ensure that the arrear salary, which has been sanctioned by the Communication dated 29.06.2024, shall be paid to the petitioner at the earliest but not later than one month from today.
8. The Communication, dated 29.06.2024, is placed on record.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the authorities should be directed to release the petitioner's sanctioned arrear salary for services rendered between 01.01.2013 and 28.02.2019?
Maneswar Kalita
The State of Assam
The Director of Secondary Education
Inspector of Schools Amingaon, District Kamrup (Rural)
Lanusungkum Jamir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
