Abdul Khaleque v. The State of Assam and 4 Ors

O R D E R

25.06.2024. Heard Mr. A.J. Atia, learned counsel for the petitioner. Also heard Ms. D. Mushahary, learned standing counsel for the Education Department and Ms. S. Das, learned counsel for the respondent No.4. The learned counsel for the petitioner submits that in terms of the interim order passed in this Writ Petition on 21.01.2019, the petitioner is being paid the current salary. However, the respondent authorities are yet to pay the arrear salary entitled by the petitioner. He further submits that, though the prayer has been made in this Writ Petition for payment of current salary as well as arrear salary w.e.f. 22.09.2015, i.e. from the date of provincialisation of service, same appears to be wrong as the provincialisation of service of the petitioner was w.e.f. 01.01.2013. Having realized that the prayer made in this Writ Petition with regard to the claim of arrear salary has been made w.e.f. 22.09.2015, the learned counsel for the petitioner prays for withdrawal of the Writ Petition with liberty to file afresh, claiming the arrear salary w.e.f. 01.01.2013 i.e. from the date of provincialisation of service of the petitioner. Considering that the current salary is being paid to the petitioner and no arrear salary has been paid as on date, the prayer of the petitioner is accepted. Accordingly, the Writ Petition stands dismissed on withdrawal with the liberty to file afresh, if so advised.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010218722018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6878/2018o ABDULoKHALEQUEo S/O-oLToABDULoROUF,oR/O-oVILL-oCHANGMAJI,oP.O.oJUNGLEoBLOCK,oDIST-o HOJAI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oEDUCATIONo (SECONDARY)oDEPTT.,oDISPUR,oGHY-6 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oDISPUR,ooGHY-6 3:THEoINSPECTORoOFoSCHOOLS oNAGAONoDISTRICToCIRCLE oNAGAON oASSAM,ooPIN-o782001 4:THEoHEADMASTER oJUNGLEoBLOCKoHIGHoSCHOOL oP.O.oJUNGLEoBLOCK oDIST-oHOJAI oASSAM,ooPIN-o78242o AdvocateoforotheoPetitionerooooo:oMD.oAoJoATIAo AdvocateoforotheoRespondento:oSC,oSEC.oEDU.oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HON'BLEkMR.kJUSTICEkKARDAKkETE o Page No.# 2/2