Joydev Das v. The State of Assam and 4 Ors

ORDER Date : 29.05.2023 Heard Mr. A. Roshid, the learned counsel for the petitioner. Mr. N.J. Khataniar, the learned counsel appears for the Department of School Education, Mr. S.R. Baruah, the learned counsel appears on behalf of the Director of Pension, Mr. R. Borpujari, the learned counsel appears for the Treasury Officer, Hojai and Ms. P. Swargiary, the learned counsel appears for the Accountant General (A & E), Assam.

¶2It appears from the records that on 3/5/2023, this Court had duly taken note of that the Department of School Education have already issued a communication to the Accountant General (A & E) conveying the sanction of the Governor of Assam for payment of 3,09,069/- which is the arrear salary of the petitioner from 1/1/1989 to 30/7/2017 during the financial year 2023-24 subject to various conditions.

¶3The communication have already been kept on record and marked with the letter "Y".

¶4This Court had also vide the said order dated 3/5/2023 impleaded the Office of the Accountant General (A & E) as well as the Treasury Officer, Hojai. Today the learned counsel appearing on behalf of the Accountant General submitted that the Office of the Principal Accountant General has no role to play with regard to the authorisation either of the arrear pay and allowances or of the pensionary benefits to the provincialised School Teachers and the said matter purely falls under the Page No.# 3/3 jurisdiction of the concerned department of the Government of Assam. It was further mentioned that the only rider is the payment of the accumulated GPF amount which the said Office of the Accountant General (A &E) has already finalized and settled the GPF final payment as regards the petitioner in accordance with the General Provident Fund (Assam Services) Rules, 1937 amounting to Rs.3,84,804/- vide an office authority dated 26/2/2020. The said instructions so submitted by Ms. P. Swargiary, the learned counsel appearing on behalf of the Accountant General (A & E) is kept on record and marked with the letter "Z".

¶5Mr. R. Borpujari, the learned counsel appearing on behalf of the Treasury Officer, Hojai submitted that the Office of the Treasury Officer, Hojai have till date not received any communication for disbursing the said amount of Rs. 3,09,069/-.

¶6Taking into account that the amount has already been sanctioned as mentioned in the communication dated 2/5/2023 issued by the Under Secretary to the Government of Assam, Department of School Education, the respondents i.e. the Department of School Education as well as the Treasury Officer, Hojai are directed to disburse the said amount of Rs.3,09,069/- within a period of one month from the date a certified copy of the instant order is served upon the respondent No. 1 as well the respondent No. 7.

¶7With the above observations and directions, the instant writ petition stands disposed off. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010153082021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5371/2021o JOYDEVoDASo S/OoLATEoJATINDRAoMOHANoDASo VILLAGEoANDoPOoJHORAoPUKHURI.o PSoLANKA,oDISToHOJAI,oASSAMo782442 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoELEMENTARYoEDUCATION,oDISPURoGUWAHATIo781006 2:THEoDIRECTOR oELEMENTARYoEDUCATIONoKAHILIPARA oGUWAHATIo781019 3:THEoDIRECTORoOFoPENSION oASSAM oHOUSEFEDoCOMPLEX oDISPURoLASToGATE oGUWAHATIo781006 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oNAGAON,oASSAM-o782001 5:THEoDEPUTYoINSPECTORoOFoSCHOOLS oHOJAI,ooSANKARDEVoNAGAR oDISToHOJAI,ooASSAM,oo782442 6:THEoACCOUNTANToGENERALo(AoANDoE) oASSAM oMAIDAMGAON oBELTOLA oGUWAHAT-781029 Page No.# 2/3 7:THE TREASURY OFFICER HOJAI, HOJA Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH