Samsul Haque v. Navodaya Vidyalaya Samiti and 8 Ors

ORDER Date : 17.08.2023

¶1The Petitioner herein has filed the instant writ petition being aggrieved by Page No.# 3/4 the inaction on the part of the Respondent Nos. 1 and 2 in releasing the admitted liabilities amounting to Rs.5,19,703/- and as such have sought for a direction for release of the said amount along with interest @18% per annum.

¶2It reveals from a perusal of the writ petition that the Respondent No.9 had already released the said amount to the Respondent No.7 to which the Petitioner is entitled to. However, the Respondent No.7 in the meantime has only released an amount of Rs.4,91,152/- but an amount of Rs.88,317/- still remains payable to the Petitioner.

¶3This Court while taking up the matter on 16.08.2023 had directed Mr. B. Choudhury, the learned counsel for the PWD to obtain the instruction as to when the said amount of Rs.88,317/- would be released to the Petitioner taking into account that the amount has already been disbursed by the Respondent No.9 to the Respondent No.7.

¶4Today, when the matter has been taken up, Mr. B. Choudhury, the learned counsel submits that within a period of 3 (three) months from today, the said amount would be released. Taking into account that the Respondent No.9 has already released the amount to the PWD Authorities and the PWD Authorities are duty bound to release the said amount to the Petitioner, this Court directs the PWD Department and more particularly the Respondent No.7 to release the amount of Rs.88,317/- by 16.11.2023.

¶5It is made clear that, if the Respondent No.7 fails to disburse the said amount to the Petitioner as directed, interest @18% would be leviable on the said amount from the date of the default and the said interest be paid by the PWD Department which shall be recovered from the salary of the present incumbent holding the post of Respondent No.7. Page No.# 4/4

¶6A certified copy of this instant order be furnished by the Registry of this Court to Mr. B. Choudhury for onward information to the Respondent No.7 for needful compliance.

¶7The instruction so produced by Mr. B. Choudhury, the learned counsel is kept on record and marked with the letter "X".

¶8With the above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010084802021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/3370/2021 SAMSULoHAQUE S/O-oLT.oMOHIUDDINoHOQUE oR/O-oWARDoNO-4 LACHIToROAD oHOWLYoTOWN oP.O.oHOWLY oDIST.-oBARPETA oASSAM oPIN-o781316 oVERSUS NAVODAYAoVIDYALAYAoSAMITIoANDo8oORS (ANoAUTONOMOUSoORGANIZATIONoUNDERoMINISTRYoOFoHRD)oGOVT.oOFo INDIA oREP.oBYoCOMMISSIONER oPLOToNO-oB-15oSECTOR-62 oNOIDAoA-201307o(U.P) 2:THEoDY.oCOMMISSIONER NAVODAYAoVIDYALAYAoSAMITI oREGIONALoOFFICE-oSHILLONG oLACHUMIERE oMEGHALAYA oSHILLONG oPIN-o793001 o3:THEoSTATEoOFoASSAM REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oPUBLICoWORKSoDEPTT. oDISPUR oGHY-06 o4:THEoCHIEFoENGINEER P.W.Do(ROADS) Page No.# 2/4 CHANDMARI GHY-03 5:THE SUPERINTENDING ENGINEER PWD (ROADS) NALBARI ROAD CIRCLE NALBARI ASSAM PIN- 781335 6:THE DY. COMMISSIONER BARPETA CUM CHAIRMAN VIDYALAYA MANAGEMENT COMMITTEE JAWAHAR NAVODAYA VIDYALAYA SORBHOG BARPETA ASSAM PIN- 781301 7:THE EXECUTIVE ENGINEER P.W.D BARPETA RURAL ROAD DIVISION BARPETA DISTRICT ASSAM PIN- 781301 8:THE ASSTT. EXECUTIVE ENGINEER SORBHOG RURAL ROAD SUB-DIVISION SORBHOG DIST.- BARPETA ASSAM PIN- 781317 9:THE PRINCIPAL JAWAHAR NAVODAYA VIDYALAYA SORBHOG DIST.- BARPETA ASSAM PIN- 781317 ------------ For the Petitioner(s) : Mr. K. R. Patgiri, Advocate For the Respondent(s) : Ms. R. S. Choudhury, Advocate : Mr. B. Choudhury, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH