Nizam Uddin Mazumder v. The State of Assam and 4 Ors

PageoNo.#o1/3 GAHC010175572024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4565/2024o NIZAMoUDDINoMAZUMDERo TUTORoJANKIoBAZARoM.EoSCHOOL,o R/O-oJANKIoBAZAR,o P.S-ALGAPUR,oDIST-oHAILAKANDI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATION,oDISPUR,oGUWAHATIo-781006. 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENTo oDISPUR oGUWAHATI-6. 3:THEoDIRECTOR o oELEMENTARYoEDUCATION oASSAMo oKAHILIPARA oGUWAHATI-19. 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oHAILAKANDI oP.O P.SoANDoDIST-HAILAKANDI 5:THEoTREASURYoOFFICER oHAILAKANDI oP.O Page No.# 2/3 P.S AND DIST-HAILAKAND Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

09.09.2024 O R D E R

Heard Mr. F.Z. Mazumdar, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned Standing Counsel, Elementary Education Department, Government of Assam, for respondent Nos.1, 3 and 4 and Ms. R.M. Baruah, learned Standing Counsel, Finance Department, Government of Assam, for respondent Nos.2 and 5. The service of the petitioner was provincialised as a Tutor in Arzod Ali Memorial ME Madrassa with effect from 01.01.2021 by an order dated 05.02.2021 issued by the Director of Elementary Education, Assam. Consequently, the petitioner joined the said Madrassa on 08.02.2021. It is the case of the petitioner that he has been paid his salary only from the month of March, 2023 and he is yet to be paid the arrear salary with effect from

01.01.2021 to 01.02.2023. Considering the short point involved, this writ petition is disposed of directing the petitioner to file a representation before the Director of Elementary Education, Assam/respondent No.3 within a period of 15 days from today. Thereafter, the respondent No.3 on receipt of the representation to be filed by the petitioner shall Page No.# 3/3 consider and dispose of the same by a speaking order and in accordance with law within a period of two months from the date of receipt of the said representation. With the above observations and directions, the writ petition is disposed of.

JUDGE Comparing Assistant