Disposed¶39

Md. Faruk Ahmed Laskar v. the State of Assam and 5 Ors.

Gauhati HC16 Mar 2025WP(C)/3780/2024

Case brief

AI extract

What is this about?

Gauhati High Court 2025 order disposing of WP(C)/3780/2024 (Md. Faruk Ahmed Laskar v. State of Assam and 5 Ors); arrear salary of school teacher; Hindi Teacher, A.S.B. Memorial M.E. School, Katlicherra Block, Hailakandi; unpaid salary November 2020 to February 2022; claim Rs.6,13,903; admitted liability Rs.6,23,376 per Director of Elementary Education, Assam letter No. EAA/B/55/2023/53 dated 01.03.2025 (Annexure-X); DEEO Hailakandi letter No. DEH/Arrear salary/2024/713 dated 07/01/2025; payment directed within two months; Michael Zothankhuma, J.; education department; government sanction of arrear salary.

What did the court decide?

Respondents directed to pay arrear salary of Rs.6,23,376/- to the petitioner within 2 (two) months from the date of receipt of a certified copy of the order. ¶39

Md. Faruk Ahmed Laskar Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/5

GAHC010147412024

2025:GAU-AS:2720

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

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Case No. : WP(C)/3780/2024

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MD. FARUK AHMED LASKAR S/O- LT. AJMAJ ALI LASKAR, KARIMGANJ, HINDI TEACHER OF A.S.B. MEMORIAL M.E. SCHOOL, UNDER KATLICHERRA BLOCK, DISTRICT- HAILAKANDI, ASSAM, PIN- 788151.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI, KAMRUP(M), ASSAM, PIN- 781006.

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

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3:THE SECRETARY FINANCE (SIU) DEPARTMENT DISPUR GUWAHATI KAMRUP(M) ASSAM

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PIN- 781006.

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DISTRICT- HAILAKANDI ASSAM PIN- 788151. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER KATLICHERRA DISTRICT- HAILAKANDI ASSAM PIN- 781661.

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6:THE HEADMASTER OF A.S.B. MEMORIAL M.E. SCHOOL UNDER KATLICHERRA BLOCK DISTRICT- HAILAKANDI ASSAM PIN- 788151

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Advocate for the Petitioner : MRS A BUJARBARUAH, MS A.SARMA

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Advocate for the Respondent : SC, ELEM. EDU,

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 17-03-2025

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Heard Mrs. A Bujarbaruah, learned counsel for the petitioner. Also heard Mr. PK Borah, learned counsel for the Elementary Education Department.

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The petitioner’s case is that the petitioner has not been paid his arrear salary from November 2020 to February 2022 amounting to Rs.6,13,903/-, while

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working as Hindi Teacher in A.S.B. Memorial School Hailakandi, Aranaypur School.

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Mr. PK Borah, learned counsel for the Elementary Education Department has submitted letter No. EAA/B/55/2023/53 dated 01.03.2025 issued by the Director of Elementary Education, Assam and which is addressed to the Secretary to the Government of Assam, Department of School Education, Dispur, Guwahati requesting the Government to accord sanction Rs.6,23,376/- as arrear salary payable to the petitioner.

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The letter dated 01.03.2025 is made a part of the record and marked as Annexure-’X’. The contents of the said letter dated 01.03.2025 is also reproduced herein below as follows:-

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“To,

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The Secretary to the Govt. of Assam, Department of School Education. Dispur, Guwahati-06,

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Sub: Proposal for payment of arrear salaries in respect of Faruk Ahmed Laskar in connection with WP(C) 3784/2024.

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Ref: DEEO, Hailakandi letter No. DEH/Arrear salary/2024/713, dtd. 07/01/2025

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Sir,

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With reference to the subject cited above, I would like to furnish herewith an arrear salary proposal alongwith Non

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Drawal Certificate (in original) duly countersigned by T.O. concerned in respect of Faruk Ahmed Laskar in connection with WP©3784/2024 for an amount of Rs.6,23,376/- (Rupees Six Lakh Twenty Three Thousand Three Hundred Seventy Six) only for the period from 01/11/2020 to 28/02/2022 of earned leave period of the UP School teacher concerned under Katlicherra Educational Block as received from the DEEO, Hailakandi vide his letter under reference (copy enclosed).

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I would therefore, request the Govt. kindly to accord sanction for an amount of Rs.6,23,376/- (Rupees Six Lakh Twenty Three Thousand Three Hundred Seventy Six) only out of the budget provision provided under the Head of Account "2202-General Education-01-Elementary Education-101-Govt. Primary Schools-0165-Government Middle School-000-(No Sub Sub Head)-01-Salaries-12-Arrear Salary/DA (EE)" during the year 2024-25.

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This is for favour of Govt. kind information and necessary action.

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Enclosed: As stated above.”

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In view of the fact that the respondents have admitted that they are liable to pay the arrear salary of Rs.6,23,376/- to the petitioner in terms of the above letter, the respondents are directed to pay the same within a period of 2 (two) months from the date of receipt of a certified copy of this order.

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6. The writ petition is disposed of accordingly.

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JUDGE

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Comparing Assistant

Md. Faruk Ahmed Laskar v. the State of Assam and 5 Ors.

Case brief

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Md. Faruk Ahmed Laskar v. the State of Assam and 5 Ors.

Case brief

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