Koushik Kumar Nath v. The State of Assam and 4 Ors

ORDER Date : 03.02.2023

Heard Mr. B. Purkayastha, learned counsel appearing for the petitioner, Mr. B. Koushik, learned counsel appearing on behalf of the respondent nos.1 to 4 and Mr. R. Borpujari, learned counsel appears on behalf of respondent no.5.

¶2The instant writ petition has been taken up for disposal at the motion stage itself.

¶3The case of the petitioner herein is that the petitioner was placed under suspension by the Inspector of Schools, C.D.C., Silchar vide order dated

23.07.2020 with immediate effect on the basis of some allegations pertaining against him, for which an FIR was lodged in the Katigorah Police Station, which was registered as Katigorah P.S. Case No. 463/2020. However, subsequently the petitioner was reinstated with effect from 10.12.2020 on the basis of the order issued by the Inspector of Schools, C.D.C., Silchar dated 25.08.2022 and the period of suspension has been treated as on duty. At this stage, it is relevant to Page No.# 3/4 mention that the petitioner had retired from service on 31.03.2021. However, the respondent authorities have not paid the arrear salary of the petitioner for the period from 23.07.2020 to 10.12.2020.

¶4It further appears from the record that the respondent no.4, i.e. the Principal of Kalain H.S. School has also given the non-drawal certificate to the effect that the petitioner have not drawn the arrear salary for the period of suspension w.e.f. 23.07.2020 to 10.12.2020 and the other period w.e.f.

01.07.2020 to 22.07.2020 for the purpose of E.B. crossing due to stagnation period and total arrear amount of the petitioner, to which the petitioner is entitled to is Rs.2,43,494/-. It further appears that the Inspector of Schools, C.B.C, Silchar have also forwarded the proposal by the Principal of Kalain H.S. School regarding arrear salary of the petitioner on 03.09.2022 to the Director of Secondary Education, Assam. However, till date, as the petitioner has not received the said payment, the petitioner has approached this Court by filing this writ petition under Article 226 of the Constitution of India.

¶5The fact that the petitioner is entitled to his arrear salary for the period during his suspension from 23.07.2020 to 10.12.2020 and the other period from 01.07.2020 to 22.07.2020 for the purpose of E.B. crossing due to stagnation period, i.e. totaling to Rs.2,43,494/- is not in issue. The only issue involved herein is that there is a delay on part of the respondent authorities in making the said payment. Accordingly, this Court disposes of the instant writ petition with a direction to the Director of Secondary Education, Assam to verify the claim of the petitioner on the basis of a certified copy of the instant order being submitted to the Director of Secondary Education and thereupon, if it is found that the petitioner is entitled to, the said payment be made within a period of 3 (three) months from the date a certified copy of the instant order is Page No.# 4/4 served upon the Director of Secondary Education, Assam.

¶6With the above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010018532023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/542/2023o KOUSHIKoKUMARoNATHo S/O-oKSHITISHoCH.oNATH,o RETDoASSISTANToTEACHERoOFoKALAINoH.SoSCHOOL,oKALAIN,oCACHAR,o R/O-oVILL-oBRAHMANoGRAM,oP.O-oKALAIN,oDIST-oCACHAR,oASSAM,oPIN- 788815 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAMo,oDEPARTMENToOFo SCHOOLoEDUCATIONo(SECONDRY)oDISPUR,oGHY-6 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAMo oKAHILIPARAoGUWAHATI-19 3:THEoINSPECTORoOFoSCHOOLS oCDC oSILCHAR o P.O-oSILCHAR oDIST-oCACHAR oASSAM oPIN-788001 4:THEoPRINCIPAL oKALAINoH.SoSCHOOL oKALAIN o oDIST-oCACHAR oASSAM Page No.# 2/4 PIN-788815 5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-78100 Advocate for the Petitioner : MR. S SUTRADHAR Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH