Hilal Uddin Laskar Vs the State of Assam and 5 Ors.

Heard Ms. S. Dasgupta, learned counsel for the petitioner and Mr. B. Talukdar, learned Standing Counsel for the respondent Nos. 1, 3 & 4. Also heard Mr. A. Chaliha, learned Standing Counsel for the respondent No. 2.

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2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Sri Hillal Uddin Laskar, has prayed for issuing direction to the respondent authorities to make payment of salaries due to him, with other service benefit; for the service rendered by him in Lakshminagar M.E. School, Cachar, from the date of his appointment, dated 29.11.1994 or in terms of the order, dated 20.08.2025, passed by the Director of Elementary Education, Assam.

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3. Ms. Dasgupta, learned counsel for the petitioner submits that the petitioner was appointed to the post of Assistant Teacher in Janamangal M.E. School, Cachar, Silchar, on temporary basis by the District Elementary Education Officer,

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Cachar, Silchar, on 29.11.1994, vide Annexure-I. Thereafter, the District Elementary Education Officer, Cachar, Silchar, vide order dated 26.12.1994, terminated the services of the teachers working in the additional sanctioned posts of the teachers in different M. E. Schools of Cachar district without assigning any reason thereof, including the petitioner. Thereafter, this Court was pleased to suspend the termination order, dated 26.12.1994, passed by the District Elementary Education Officer, Cachar, in Civil Rule No. 324 of 1995, vide order dated 20.01.1995, with a direction to the respondent authorities to make payment of salaries to the petitioner in accordance with rule. Thereafter, the District Elementary Education Officer, Cachar, Silchar, vide order dated 31.3.1995, (Annexure-5) was pleased to reinstate the petitioner in service, along with the teachers working in different M. E. Schools of Cachar district, with all other service benefits, with effect from the date of their joining to their respective posts. Thereafter, the Commissioner and Secretary to the Govt. of Assam, Education Department, vide order dated 09.08.2005, directed regularization of the services of the teachers who were appointed irregularly, during the period, from 01.03.1991 to 30.11.1996, provided that they have continuous service without any break and in cases where there is any break in service, from the date of their continuous service after the last break. Thereafter, the Director of Elementary Education, Assam, Guwahati, vide order dated 20.8.2005, had regularized the service of the petitioner along with others working teachers in the M. E. School in Cachar district, with direction for payment of salaries in view of regularization of their services. Ms. Dasgupta also submits that a Co-ordinate Bench of this Court was also pleased to dispose of Writ Petition (C) No. 2142 of 2009, vide order dated 05.05.2022, directing the respondent authorities to pass a reasoned order within a period of 30 (thirty)

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days from the date of receipt of the certified copy of the order, on the individual representations submitted by the petitioners regarding their claim for salaries and allowances, pending since the date of regularization of their services, in compliance of the order dated 20.8.2005, passed by the Director of Elementary Education, Assam, Guwahati.

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4. Ms. Dasgupta also submits that the Headmaster of the Lakshminagar M.E. School, Cachar has also issued one working certificate to the petitioner on 10.10.2014 and 18.06.2022, stating that the petitioner is performing his duties regularly till date, in pursuance to the order, dated 20.8.2005, passed by the Director of Elementary Education, Assam, Guwahati. But even then, the petitioner has not been getting his salary from the date of his joining or after regularization of his service in pursuance to the order, dated 20.8.2005, passed by the Director of Elementary Education, Assam, Guwahati and being aggrieved, the petitioner has approached this Court by filing the present petition.

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5. Further, referring to an order dated 30.01.2025, of a Co-ordinate Bench of this Court in WP(C) No. 5698/2012, Ms. Dasgupta submits that similarly situated teachers had filed the aforementioned writ petition, which was disposed of by a Co-ordinate Bench of this Court, by directing the petitioners to submit individual representations, along with certified copy of the order before the Director of Elementary Education for taking the matter forward and with further direction on conclusion of the enquiry/verification, as required hereinabove; if it is found that the petitioners have been correctly regularized in their services, vide order dated 20.08.2005, then the current salaries of the petitioners of said petition shall immediately by released, and it was also provided that with regard to the arrear salaries, pending w.e.f. 20.08.2005, till conclusion of the enquiry, as directed above; shall be released by the respondent authorities to the

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petitioners within a period of 6 months and similar direction may be issued in the present case also and the matter may be closed.

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6. It appears that the respondent No. 4 has filed his affidavit-in-opposition, wherein a stand has been taken that as per record available, the petitioner falls under illegal/irregular category of teachers appointed during the year 1991 to 1996 and though the service of the petitioner, along with similarly situated teachers, appeared to have been regularized on adjustment, as per direction of the Government, vide letter No. EDN(LC)52/2005/477/55, dated 09.08.2005, and accordingly, the Director, Elementary Education, Assam has issued the order, dated 20.08.2005, and in spite of regularization, the petitioner and other similarly situated persons have not been paid salary due to direction of the Finance Department, vide WT Message No. BB.194/2005/17-A, dated 07.10.2005.

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7. Mr. B. Talukdar, learned Standing Counsel for the respondent Nos. 1, 3 & 4 and Mr. A. Chaliha, learned Standing Counsel for the respondent No. 2 submits that they have no objection if this writ petition is disposed of by granting similar relief to the petitioner, as being granted to the petitioners in WP(C) No. 5698/2012, vide order dated 30.01.2024.

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8. Having heard the submissions advanced by the learned counsel for both the parties, I have carefully gone through the petitions and the documents placed on record and also perused the order, dated 30.01.2025, passed in WP(C) No. 5698/2012.

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9. It appears that the basic facts here in this case are not in dispute. It also appears that the petitioner has not been paid the salary due to the WT message of the Finance Department, dated 07.10.2005 (Annexure-A). It also appears that

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the petitioners of WP(C) No. 5698/2012, are similarly situated with the present petitioner and the said petition was disposed of by a Co-ordinate Bench of this Court, by directing the petitioners to file individual representation and also by directing the Director, Elementary Education, Assam to take the matter forward and if it is found that the petitioners have been correctly regularized in their services, then their current salaries will be released immediately and also directed to release their arrear salaries, pending w.e.f. 20.08.2005, within a period of 6 months.

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10. Under the given facts and circumstances and also in the light of the submissions advanced by the learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the petitioner to file individual representation to the Director of Elementary Education, Assam and on such representation being filed by the petitioner, the respondent No. 4, the Director of Elementary Education, Assam shall conduct an enquiry regarding the regularization of the services of the petitioner, vide order dated 20.08.2005 and if it is found that his service has correctly been regularized, then the current salaries as well as the arrear salaries of the petitioner shall be released, preferably within a period of 3 months from the date of receipt of certified copy of this order.

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11. The petitioner shall obtain the certified copy of this order and shall place the same before the respondent authorities within a period of 2 (two) weeks from today.

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12. In terms of the above, this writ petition stands disposed of.

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JUDGE

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Hilal Uddin Laskar v. the State of Assam and 5 Ors.

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Hilal Uddin Laskar v. the State of Assam and 5 Ors.

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