Chandan Dutta v. The State of Assam and 4 Ors

ORDER

20.12.2023 Heard Mr. S. Dey, learned counsel for the petitioner. Also heard Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department. This petition is filed by the petitioner claiming arrear salary with effect from 01.04.2016 to 31.01.2018 for an amount of Rs.7,43,478/- (Rupees Seven Lakh Forty Three Thousand Four Hundred Seventy Eight) only. The learned counsel for the petitioner submits that the petitioner was paid 50% of the arrear salary amounting to Rs.3,71,739/- (Rupees Three Lakh Seventy One Thousand Seven Hundred Thirty Nine) only. However, the balance 50% has not been paid to him till date. Mr. D. Upamanyu, learned Standing Counsel, Higher Education Page No.# 3/4 Department was permitted time to complete his instructions by the last order dated 04.10.2023. However, today when the matter was called up, Mr. D. Upamanyu prays for further time to complete his instructions. The pleadings on record have been carefully perused. It is seen that the claim of the petitioner is to receive arrear salary with effect from 01.04.2016 to

31.05.20217 for an amount of Rs.7,43,478/- (Rupees Seven Lakh Forty Three Thousand Four Hundred Seventy Eight) only out of which 50% of the amount has admittedly been released to the petitioner. The specific claim before the Court is for release of the balance 50% of the arrear salary due to the petitioner. Under such circumstances, this Court is of the considered view that the matter need not be kept pending for want of instructions and it can be decided by the competent authorities, more particularly, the respondent no.4, namely, the Director, Higher Education Department. Accordingly, the respondent no.4, namely, the Director, Higher Education Department shall examine the claim of the petitioner for release of the balance 50% of his arrear salary of Rs. 3,71,739/- (Rupees Three Lakh Seventy One Thousand Seven Hundred Thirty Nine) Only. The Director will be entitled to call for all the records necessary from all authorities concerned including, if any, information is required from the petitioner. The petitioner will furnish the same within the shortest possible time. The petitioner is given liberty to file a representation along with a copy of the certified copy of this order. Thereupon, the respondent no.4 will decide the matter and pass a speaking order within a period of 60 (sixty) days from the date of receipt of a certified copy of this order along with a representation of the petitioner. Any such speaking order that is passed, copy thereof shall be Page No.# 4/4 served to the petitioner. The writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010223002023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5833/2023o CHANDANoDUTTAo S/Oo R/O-oJHANJIoJAMGURI,o P.O.-oJHANJI,oP.S.-oGAURISAGAR,o DISTRICT-oSIVASAGAR,oASSAM.o PIN-o785683. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o DEPARTMENToOFoHIGHERoEDUCATION,o GOVERNMENToOFoASSAM,o ASSAMoSECRETARIAT,oDISPUR,o GUWAHATI,oASSAM.oPIN-o781006. 2:THEoPRINCIPALoACCOUNTANToGENERALo(AoANDoE) oASSAM oMAIDAMGAON oBELTOLA oGUWAHATI o ASSAM.oPIN-o781029. 3:THEoTREASURYoOFFICER oSIVASAGAR oDISTRICT-oSIVASAGAR oASSAM. 4:THEoDIRECTORoOFoHIGHERoEDUCATION oDIRECTORATEoOFoHIGHERoEDUCATION Page No.# 2/4 ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019. 5:JHANJI HEMNATH SARMA COLLEGE (JHNS COLLEGE) REPRESENTED BY ITS PRINCIPAL P.O.- JHANJI DISTRICT- SIVASAGAR PIN- 785683 Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA