Shibani Paul v. The State of Assam and 3 Ors

ORDER Date : 03.09.2024

Heard Mr. D. Choudhury, learned counsel for the petitioner. Also heard Mr. U. Sharma, learned standing counsel, Secondary Education Department for the respondent Nos. 1 and 3 and Mr. A. Chaliha, learned standing counsel, Finance Department for the respondent No.2.

¶2By this writ petition, the petitioner is praying for the arrear salary for an amount of Rs.12,24,820/- w.e.f 01.11.2000 till 09.12.2017. The petitioner retired from service on 31.03.2022.

¶3Mr. U. Sharma, learned standing counsel, Secondary Education Department has furnished a communication dated 02.09.2024, written by the Director of Secondary Education, Assam, wherein, it is stated that the Directorate has submitted the arrear salary proposal in respect of the petitioner for an amount of Rs. 12,24,820/- to the Government by letter dated 24.04.2024 and the Directorate shall release the said arrear amount to the petitioner immediately after receiving of sanction from the Government.

¶4Mr. D. Choudhury, learned counsel for the petitioner submits that as the arrear salary proposal in respect of the petitioner has already been submitted to the Government, the respondents may be directed to pay the said arrear salary within a specified period of time and the writ petition may accordingly be Page No.# 3/3 closed.

¶5Recording the submission made by the learned counsel for the petitioner, this writ petition is disposed of directing the respondents, particularly, the respondent Nos. 1 and 2/Secretary to the Government of Assam, Secondary Education and the Secretary to the Government of Assam, Finance Department to forthwith take steps and thereafter give sanction for payment of the arrear salary at the earliest but not later than 3(three) months from the date of receipt of a copy of the order of this Court.

¶6With the above observations and directions, this writ petition stands disposed of. The communication dated 02.09.2024 is placed on record. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010019922023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/561/2023o SHIBANIoPAULo D/O-oLATEoBINOYoBHUSHANoPAUL,o R/O-oDAHAoNORAoCHOWK,o NAINAoAPARTMENT,o OPPOSITEoTOoHARIZANoNAMGHAR,o JORHAT-1,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoTHROUGHoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o SECONDARYoEDUCATION,oDISPUR. 2:SECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR. 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 4:THEoPRINCIPAL oNAMDEURIoHIGHERoSECONDARYoSCHOOL oJORHATo AdvocateoforotheoPetitionerooooo:oMRoDoCHOUDHURY,oMRoMoCHOUDHURY,MRoNoRAYo AdvocateoforotheoRespondento:oSC,oEDU,oSC,oFINANCEoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR