Md. Anuwar Hussain Faruki v. The State of Assam and 2 Ors

ORDER Date : 12.05.2023

Heard Mr. P. Bhardwaj, the learned counsel appearing on behalf of the petitioners in both the writ petitions. Mr. N.J. Khataniar, the learned Standing Counsel appears on behalf of the Elementary Education Department.

¶2As both the writ petitions involve similar facts and common questions of law, both the writ petitions are taken up for disposal together. Both the writ petitions Page No.# 3/4 relates to claim of the arrear incremental benefits to the petitioners from the date of their regularisation.

¶3In W.P.(C) No. 3811/2021, the petitioner herein was regularised on 24/4/1998 whereas in W.P.(C) No. 2519/2023 the petitioner was regularised on 1/4/1999. In W.P.

(C) No. 3811/2021 the petitioner is claiming the incremental benefits of an amount of Rs.11,97,740 w.e.f. 24/4/1998 to 28/2/2019 and in W.P.(C) No. 2519/2023, the petitioner is claiming the arrear incremental benefit of an amount of Rs. 11,91,785/- for the period 1/4/1999 to 28/2/2019.

¶4It appears on record that in both the writ petitions the District Elementary Education Officer had issued communications to the Director of Elementary Education for payment of the arrear incremental benefits to the tune of Rs. 11,97,740/- vide communication dated 21/1/2021 in W.P.(C) No. 3811/2021 and in W.P.(C) No. 2519/2023, the amount of Rs.11,91,785/- vide a communication dated 4/1/2021.

¶5It is the grievance of the petitioners in both the writ petitions inspite of such letters being issued by the District Elementary Education Officer, the Director of Elementary Education have not taken any steps in that regard for the last 2 years and consequently the petitioners have been deprived of their arrear incremental benefits.

¶6Mr. N.J Khataniar, the learned Standing Counsel appearing on behalf of the Elementary Education Department submits that the instant writ petitions can be disposed off with a direction to the Director of Elementary Education Department to make necessary verification and then to release the payment, if it is found that the petitioners are entitled to the incremental benefits.

¶7Taking into account the facts involved as well as the submission of Mr. N.J. Khataniar, the learned Standing Counsel, this Court in the interest of justice disposes of both the writ petitions with a direction to the Director of Elementary Education Department to make necessary verification as deemed fit in respect to the communication forwarded by the District Elementary Education Officer dated Page No.# 4/4 21/1/2021 in the case of the writ petitioner in W.P.(C) No. 3811/2021 and communication dated 4/1/2021 as regards the writ petitioner in W.P.(C) No. 2519/2023 and thereupon if it is found that the petitioners are entitled to the said amounts, the same be released to the petitioners.

¶8The said exercise be completed within a period of three months from the date a certified copy of the instant order is served by the respective petitioners to the Director of Elementary Education Department. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010095292023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2519/2023 MD. ANUWAR HUSSAIN FARUKI S/O- ABDUL AHAD, R/O- VILLAGE JARAMARI, P.O- BALISATRA,P.S- DHING, NAGAON, PIN-782122 VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR ELEMENTARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON PIN-782001 ASSA Advocate for the Petitioner : MR P BHARDWAJ Advocate for the Respondent : SC, ELEM. EDU Linked Case : WP(C)/3811/2021 ANUAR SADAT S/O LATE SYEDUZZ ZAMAN RESIDENT OF VILLAGE HATIMURIA Page No.# 2/4 PO SALKATI VIA MOIRABARI PS MOIRABARI DIST MORIGAON ASSAM 782126 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI 781006 ASSAM 2:THE DIRECTOR ELEMENTARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI 781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON ASSAM 782105 ------------ Advocate for : MR P BHARDWAJ Advocate for : SC EDU appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH