Shri Padma Dhar Das v. The State of Assam and 2 Ors

Page No.# 1/5 GAHC010070752019

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/115/2019 SHRI PADMA DHAR DAS S/O-SRI SONA RAM DAS, R/O-VILL. AND P.O. RAMPUR, DIST.- NALBARI, ASSAM, PIN-781312. VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781019. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM Advocate for the Petitioner : MR. M K CHOUDHURY Advocate for the Respondent : SC, SEC. EDU. Linked Case : WA/153/2019 PageoNo.#o2/5 DHIRENoCH.oMEDHIoANDo4oORS. S/O-oLATEoGOHINoCH.oMEDHI oR/O-oVILL.oANDoP.O.oADABARI oP.S.oMUKALMUWA oDIST.-oNALBARI oASSAM oPIN-o781347 oWORKINGoASoASSTT.oTEACHER oPUB-BARKHETRIoHIGHoSCHOOL oLOHARKATHA oNALBARI. 2:oKHANINDRAoKR.oBARMAN S/O-oNARENDRAoNATHoBARMAN oR/O-oVILL.oANDoP.O.oBARTALA oP.S.oMUKALMUWA oDIST.-oNALBARI oPIN-o781347 oWORKINGoASoASSTT.oTEACHER oBARTALAoHIGHoSCHOOL oBARTALA. o3:oHEMANTAoDAS S/O-oMADHUoRAMoDAS oR/O-o3oNO.oBARTALA oP.O.oBARTALA oP.S.oMUKALMUWA oDIST.-oNALBARI oPIN-o781347 oWORKINGoASoASSTT.oTEACHERoBARNIBARIMILANoHIGHoSCHOOL oBARNIBARI. o4:oMD.oPIARoALI S/O-oLATEoJAYAoALI oR/O-oVILL.oANDoP.O.oNARAYANPUR oP.S.oMUKALMUWA oDIST.-oNALBARI oASSAM oPIN-o781347 oWORKINGoASoASSTT.oTEACHER.oPUB-oBARKHETRIoHIGHoSCHOOL oLOHARKATHA oNALBARI. o5:oHEMANTAoKALITA S/O-oLATEoANANDIoKALITA oR/O-oVILL.oANDoP.O.oLAWPARA oP.S.oMUKALMUWA oDIST.-oNALBARI Page No.# 3/5 ASSAM PIN-781347 WORKING AS ASSTT. TEACHER LAWPARA HIGH SCHOOL LAWPARA NALBARI ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (SECONDARY) DEPTT. DISPUR GUWAHATI-781019. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN-781347. ------------ Advocate for : MR. M K CHOUDHURY Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS.

BEFORE HON'BLE THE CHIEF JUSTICE THE HON'BLE MR. JUSTICE SUMAN SHYAM

23/03/2023

Both these intra-court appeals are directed against the judgement and orders both dated 28/02/2019 passed by the learned Single Judge in WP(C) 6115/2015 and WP(C) 4796/2015, declining the prayer made by the writ petitioners/appellants for payment of arrear salaries for the period from 21/05/2012 till 18/01/2014. Page No.# 4/5 It appears that the services of the appellants as Assistant Teachers were earlier terminated by the Inspector of Schools. The orders of termination from service were put to challenge in WP(C) 3118/2012 and WP(C) 3114/2012 filed by the respective appellants as writ petitioners. By the common judgement and order dated 01/08/2013 passed by this Court in WP(C) 3118/2012 & WP(C) 3114/2012 and batch of writ petitions, similar orders from termination of service of the appellants as well as other similarly situated candidates were set aside by the learned Single Judge and liberty was granted to the department to proceed against them afresh after serving show cause notices. It appears that thereafter, a de-novo proceeding was held, where-after, the appellants as well as the other similarly situated candidates were reinstated in service with all consequential benefits. Accordingly, the appellants had prayed for payment of salary for the period from 21/05/2012 to 18/01/2014 by treating that period as deemed to be in service. However, when their request for payment of arrear salary was declined, the appellants, as writ petitioners, had approached this Court once again by filing WP(C) 6115/2015 & WP(C) 4795/2015, which were disposed by the impugned judgement and order dated 28/02/2019. Mr. Barkataki submits that by the judgement and order dated 23/09/2012 passed in Writ Appeal No. 211/2019 (Dipali Barman Vs. State of Assam and others), preferred by another similarly situated candidate assailing the order dated 28/02/2019 passed by the learned Single Judge in WP(C) 7032/2015, declining the prayer for release of arrear salary, the writ appeal was disposed of by making the following observations :- "16. Considering the aforesaid, this Court is of the opinion that the claim raised by the appellant before the learned Single Judge has been wrongly declined. The learned Single Judge has also committed an error in coming to the conclusion that the appellant had accepted the order. The impugned order passed by the learned Single Judge is hereby quashed and set aside. The appeal deserves to be allowed and is hereby allowed.

¶17The Director of Secondary Education, Assam is directed to take necessary steps to release the arrears of salary of the appellant and process the same for the period from Page No.# 5/5

21.05.2012 to 18.01.2014 and after quantifying the same, make such payment of arrears of salary to the appellant within a period of 3(three) months from the date of receipt of the certified copy of this judgment & order."

According to Mr. Barkataki, the case of the appellants is squarely covered by the judgement and order dated 23/09/2022 and, therefore, these appeals can also be disposed of accordingly. Mr. R. Mazumdar, learned departmental counsel has also fairly submitted that the cases of the appellants are covered by the aforesaid judgement and order dated 23/09/2022. In view of the above, both these Writ Appeals are disposed of in the light of the observations made in the order dated 23/09/2022 by providing that the arrear salary of the appellants for the period from 21/05/2012 till 18/01/2014 be paid to them within a period of 3 (three) months from the date of receipt of a certified copy of this order. Both the writ appeals stand allowed.

JUDGE CHIEF JUSTICE sukhamay Comparing Assistant