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2017 DIGILAW 285 (GAU)

JITENDRA SINGHA v. STATE OF ASSAM

2017-03-06

SUMAN SHYAM

body2017
JUDGMENT : Heard Mr. A. R. Sikdar, learned counsel for the petitioners. Also heard Mr. S. K. Ghosh, learned Standing Counsel, Secondary Education Department, Assam, appearing on behalf of respondent Nos.1, 3 and 4 whereas Mr. B. Gogoi, learned Standing Counsel, Finance Department, appears on behalf of respondent No.2. 2. The petitioners, numbering five in total, claim to have been appointed as Hindi Teachers during the period from 1993-94 against fixed scale of pay of Rs.1375/- per month against posts created by the Government of Assam under a Centrally sponsored scheme. The common grievance of all the writ petitioners is that although they had continuously rendered their services as Hindi Teachers, the respondents have not paid salary to the petitioners for various intermittent periods as a result of which substantial amount as arrear salary and allowances have become due and payable to the petitioners. The petitioners’ further case is that the representation filed by them seeking redressal of their grievances have failed to evoke any favourable response from the authority. 3. By the order dated 26.02.2016 passed by this Court in WP(C) No.7520/2013 a direction was issued to the respondents to examine the claim of the similarly situated Hindi Teachers regarding their demand for payment of arrear salary and thereafter necessary action was directed to be initiated in the matter if it is found that their arrear salaries are due and the petitioners had performed their duties during the relevant point of time. Producing a copy of the order dated 26.02.2016 Mr. Sikdar prays for disposal of the present writ petition also in the line of the aforesaid order passed by this Court. 4. Mr. Ghosh as well as Mr. Gogoi submits that they have no objection if the writ petition is disposed of directing the respondents to examine the claim of the petitioners and thereafter pass appropriate orders in the matter. 5. Having regard to the pleadings contained in the Writ Petition as well as the submission made by learned counsel for the parties this writ petition is disposed of by directing the petitioners to approach the respondent No.3 by filing a fresh representation ventilating their grievances on account of non-payment of arrear salaries. 5. Having regard to the pleadings contained in the Writ Petition as well as the submission made by learned counsel for the parties this writ petition is disposed of by directing the petitioners to approach the respondent No.3 by filing a fresh representation ventilating their grievances on account of non-payment of arrear salaries. If such representation is made before the respondent No.3 within a period of two weeks from today, the same will be considered on merit and thereafter be disposed of by making a speaking order after due and proper examination of their claims which should include verification of the fact as to whether the petitioners had actually worked in the schools during the period claimed by them. The above exercise would be completed within a period of six weeks from the date of receipt of representation. 6. The writ petition is accordingly disposed of. No order as to cost.