Aleya Begum v. The State of Assam and 10 Ors

ORDER

23.02.2024 Heard Mr. G. Alom, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned Standing Counsel, Elementary Education and Mr. R. Borpujari, learned Standing Counsel, Finance. The petitioner initially appointed and accommodated in supernumerary post of an Assistant Teacher in Niz Kankalash L.P. School, Karimganj w.e.f 02.05.1984 to 17.01.1995 in a pay scale vide memo No. A(I) E526/95/32 dated 17.10.1996 issued by the Deputy Secretary to the Government of Assam, Education Department. Thereafter, the petitioner was formally appointed in the said school w.e.f 02.05.1994 in a scale of pay of Rs. 470/- to Rs. 800/- and also entitled to get the time scale of pay as admissible under the Rules from the date of appointment vide order dated 07.02.1997 bearing Memo No. DIK/96-97/R1/581-87 issued by the Deputy Inspector of Schools, Karimganj. Page No.# 4/5 It is submitted that the petitioner had drawn her salary from her date of appointment till 17.01.1995. However, she did not get her salary w.e.f.

18.01.1995 to 28.02.2003. Thereafter, the petitioner had approached the respondent authorities praying for release of her arrear salary amounting to Rs. 5,27,070/- for rending her service for the period from 18.01.1995 to 28.02.2003. It is submitted that a representation dated 05.01.2024 has been filed by the petitioner to the Director of Elementary Education praying for releasing her arrear salary but the same has not been disposed of. By the order dated 06.03.2017 passed by this Court in WP(C) No.38/2014 filed by similarly situated Hindi Teacher, a direction was issued to the respondents to examine the claim of the petitioner regarding his demand for payment of arrear salary and thereafter necessary action be initiated in the matter if it is found that the arrear salary is due and the petitioner had performed duties during the relevant point of time. By producing a copy of the said order Mr. Alom prays for disposal of the present writ petition by a similar order. Mr. Khanikar as well as Mr. Borpujari submit that they have no objection if the writ petition is disposed of directing the respondents to examine the claim of the petitioner and pass appropriate order in the matter. From a perusal of the pleadings contained in the writ petition, it appears that the petitioner has claimed arrear salary for the periods from 18.01.1995 to

28.02.2003 in total Rs.5,27,070/-. Te representation stated to have been filed by the writ petitioner and pending before the respondent authorities is also enclosed to the writ petition. Taking into consideration the submissions made by learned counsel for the Page No.# 5/5 parties, this writ petition is disposed of by directing the respondent No.4 to dispose of the representation dated 05.01.2024 stated to have been filed by the petitioner her grievances on account of non-payment of arrear salaries. If such representation is made before the respondent No.4, the same will be considered on merit and thereafter be disposed of by making a speaking order after due and proper examination of the claim of the writ petitioner, which would include a due verification of the fact as to whether the petitioner had actually worked in the school during the period claimed by her. The above exercise would be completed within a period of thirty (30) days weeks from the date of receipt of a certified copy of this order. The writ petition is accordingly disposed of. No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010036392024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/960/2024o ALEYAoBEGUMo W/O-oABDULoAZIZoKHAN,o R/O-oSINGARIA,oP.O-oSINGARIAoBAZAR,o P.S-oNILAMBAZAR,oDIST-oKARIMGANJ,oASSAM,oPIN-788719 VERSUSo THEoSTATEoOFoASSAMoANDo10oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oELEMENTARYoEDUCATIONoDEPARTMENTo oDISPUR,oJANATAoBHAWAN,oGUWAHATI-6 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oELEMENTARYoEDUCATIONoDEPARTMENTo oDISPUR oJANATAoBHAWAN oGUWAHATI-6 3:THEoSECRETARY oTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoFINANCEo DISPUR oGUWAHATI oASSAM oPIN-o781006 4:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI PageoNo.#o2/5 oASSAM oPIN-o781019 5:THEoINSPECTORoOFoSCHOOLS oKARIMGANJoDISTRICToCIRCLEo oDIST.oKARIMGANJ oASSAM oPIN-o788710 6:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oKARIMGANJo oP.O.oP.SoANDoDIST.oKARIMGANJ oASSAM oPIN-o788710 7:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oBADARPUR o oKARIMGANJo oP.O-oMAHKAL oP.S-oBADARPURoANDoDIST.oKARIMGANJ oASSAM oPIN-o788120 8:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oSOUTHoKARIMGANJ o SIRAJDHIPUR oKALIGANJ oDIST-oKARIMGANJ oASSAM oPIN-788713 9:THEoTREASURYoOFFICER oBADARPURoSUBoTREASURYoOFFICE oBADARPUR oDIST-oKARIMGANJ oASSAM oPIN-788806 10:NIZoNANoKALASHoLPoSCHOOL oREP.oBYoITSoHEADoMASTERo oKANoKALASH oP.O-oBHANGAoBAZAR o P.S-oBADARPUR oDIST-oKARIMGANJ oASSAM Page No.# 3/5 PIN-788805 11:DR. SARBAPALLI RADHAKRISHNAN M.E SCHOOL REP. BY ITS HEAD MASTER R/O- VILLAGE SINGARIA P.O- SINGARIA BAZAR P.S- NILAMBAZAR DIST- KARIMGANJ ASSAM PIN-78871 Advocate for the Petitioner : MR. P D NAIR Advocate for the Respondent : SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA