Kanika Bharali Medhi Vs the State of Assam and 7 Ors.

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GAHC010074372020

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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)/2205/2020

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KANIKA BHARALI MEDHI

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W/O- DR. MUNINDRA MEDHI, R/O- H.NO. 6, K.K.B. PATH, CHENIKUTHI, P.O. SILPUKHURI, P.S. LATASIL, DIST.- KAMRUP (M), ASSAM, PIN- 781003, PH. NO. 9864021123, 9954973537

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VERSUS

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THE STATE OF ASSAM AND 7 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GHY-6

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2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6

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3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM PENSION AND PUBLIC GRIEVANCE HOUSEFED COMPLEX BASISTHA ROAD GHY-6

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4:THE ACCOUNTANT GENERAL MAIDAMGAON BELTOLA GHY-29

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5:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GHY-19

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6:THE INSPECTOR OF SCHOOLS

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KAMRUP DISTRICT CIRCLE PANBAZAR DIST.- KAMRUP (M) ASSAM GHY-1 7:THE HEADMASTER KHETRIHARDIA HIGHER SECONDARY SCHOOL P.O. KHETRIHARDIA HAJO DIST.- KAMRUP ASSAM PIN- 781102 8:THE HEADMASTER KALIRAM BARUA GIRLS HIGH SCHOOL BHARALUMUKH DIST.- KAMRUP (M) ASSAM GHY-

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Advocate for the Petitioner : MR. M BHAGABATI, MS G BORA,MS. B TALUKDAR,MR. K PUJARI

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Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, SEC. EDU.,SC, AG

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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06.03.2025

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Heard Mr. M. Bhagawati, learned counsel for the petitioner and Ms. P. Das, learned counsel for the respondent Nos. 1, 5 & 6. Also heard Ms. R. M. Baruah, learned counsel for the respondent Nos. 2 & 3 and Mr. C. Baruah, learned counsel for the respondent No. 4.

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The petitioner’s counsel submits that the petitioner, who has worked as an Assistant Teacher in Khetri Hardia Higher Secondary School and transferred to

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Kaliram Baruah Girls’ High School, is aggrieved by non-payment of her arrear salary for the period from 03.02.1996 to 24.11.2005. The petitioner has in the meantime retired on 30.06.2020.

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Ms. P. Das, learned counsel for the respondent Nos. 1, 5 & 6 submits that the petitioner’s arrear salary for the period from 03.02.1996 to 24.11.2005 has not been paid, in terms of the letter No.AC/001/ARREAR/25/25 dated 04.03.2025 issued by the Inspector of Schools, Kamrup (M) District Circle, Panbazar, Guwahati. She submits that the writ petition can be disposed of, if a direction is issue to the respondents to re-verify the records of the petitioner and if it is found that the petitioner has not been paid her arrear salary for the above said period, the same will be paid to the petitioner.

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Mr. M. Bhagawati, learned counsel for the petitioner submits that he does not have any objection to the proposal made by Ms. P. Das, learned counsel for the respondent Nos. 1, 5 & 6.

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In view of the consent of the parties, this writ petition is disposed of, with a direction to the respondents, specially the respondent Nos. 1 & 5, to re-verify the service particulars of the petitioner and if it is found that the petitioner is liable to be paid the arrear salary for the period from 03.02.1996 to 24.11.2005, the same should be paid to the petitioner. The entire exercise should be completed within a period of 3 months from the date of receipt of a certified copy of this order.

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