Khagendra Das v. State of Assam and Ors

ORDER Date : 17.12.2024

Heard Mr. P.S. Deka, learned Senior Counsel assisted by Ms. D. Deka, learned counsel for the applicant. Also heard Ms. H. Terongpi, learned Standing Counsel for the opposite party Nos. 1 to 3, Mr. B. Deuri, learned counsel for the opposite party Nos. 3, 5 and 7 and Ms. A. Sarma, learned counsel for the opposite party No. 6.

¶2This interlocutory application is preferred by the applicant, Sri Khagendra Das, for granting leave to him to draw his monthly salary on the basis of earlier stepping up order dated 02.09.2013, passed by the opposite party No. 2, or on the basis of the order dated 04.03.2024, passed by the opposite party No. 3.

¶3Mr. Deka, learned Senior Counsel for the applicant submits that the applicant has challenged the correctness or otherwise of the order dated

04.03.2024, in the connected WP(C) No. 2636/2024 and since then, he could not prepare his bill and has been serving in the school without salary and facing much hardship in running his family and therefore, Mr. Deka submits that the applicant may be granted leave to draw his salary either as per order dated

02.09.2013 or as per order dated 04.03.2024, passed by the respondent authorities.

¶4Ms. Terongpi, learned Standing Counsel for the opposite party Nos. 1 to 3 submits that she has no objection in the event of allowing the applicant to draw his salary as per the order dated 02.09.2013, however, subject to outcome of Page No.# 4/4 the connected writ petition, being WP(C) No. 2636/2024.

¶5Having heard the submissions of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record, and also perused the orders dated 02.09.2013 and 04.03.2024.

¶6It appears that the order dated 04.03.2024, is being challenged in the connected WP(C) No. 2636/2024. Taking note of the same and also considering the facts and circumstances on the record, this Court is inclined to allow this application.

¶7Accordingly, the applicant is allowed to draw his monthly salary as per the order dated 02.09.2013, which of course is subject to outcome of the connected writ petition, being WP(C) No. 2636/2024.

¶8In terms of above, this interlocutory application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010097982024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Civil)/3482/2024 KHAGENDRAoDAS S/O-oLATEoRUDRAoDAS o R/O-oVILLAGE-oKARIA o P.O-oULABORI o P.S-oNALBARI o PIN-781339 o DIST-NALBARI oASSAM oVERSUS STATEoOFoASSAMoANDoORS REP.oBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oSECONDARYoEDUCATION oDEPARTMENToOFoSCHOOLoEDUCATIONo DISPUR oJANATAoBHAWAN oGUWAHATI-6 2:THEoDIRECTORoOFoSECONDARYoEDUCATION ASSAM oKAHILIPARA oGUWAHATI-781019 o3:THEoINSPECTORoOFoSCHOOLS Page No.# 2/4 NDC NALBARI DIST- NALBARI ASSAM 4:DISTRICT COMMISSIONER NDC NALBARI DIST- NALBARI ASSAM 5:DISTRICT COMMISSIONER NDC NALBARI 6:THE SECRETARY OF FINANCE ASSAM DISPUR GHY-06 7:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 8:THE DIRECTOR OF PENSION ASSAM 9:THE TREASURY OFFICER NALBARI DIST- NALBARI ASSAM 10:DILIP CHANDRA KALITA S/O- KHAGENDRA CHANDRA KALITA R/O- VILLAGE AND P.O- KARIA DIST-NALBARI ASSAM ------------ Advocate for : MS. D DEKA Advocate for : SC Page No.# 3/4 SEC. EDU. appearing for STATE OF ASSAM AND ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN