Research › Search › Judgment

Gauhati High Court · body

2017 DIGILAW 286 (GAU)

SHEIKH ABDULLAH v. STATE OF ASSAM

2017-03-06

SUMAN SHYAM

body2017
JUDGMENT : Heard Mr. A. R. Sikdar, learned counsel for the petitioner. 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 petitioner claims to have been appointed as Hindi Teacher during the period from 1993-94 against fixed scale of pay of Rs.1375/- per month against the post created by the Government of Assam under a Centrally sponsored scheme. The grievance of the writ petitioner is that although he had continuously rendered services as Hindi Teacher, the respondents have not paid salary to him during various intermittent periods as a result of which substantial amount as arrear salary and allowances have become due and payable to the petitioner. 3. By the order dated 26.02.2016 passed by this Court in WP(C) No.7520/2013 filed by similarly situated Hindi Teachers whereby a direction was issued to the respondents to examine the claim of the petitioners regarding their demand for payment of arrear salary and thereafter necessary action be initiated in the matter if it is found that the arrear salary is due and the petitioner had performed duties during the relevant point of time. By producing a copy of the said order 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 petitioner and pass appropriate order in the matter. 5. From a perusal of the pleadings contained in the writ petition, it appears that the petitioner has claimed arrear salary for the period from May, 1995 to February, 1998, in total Rs.87,889/-. 6. In view of the submission made by learned counsel for the parties this writ petition is disposed of by directing the petitioner to approach the respondent No.3 by filing a fresh representation ventilating his grievances on account of non-payment of arrear salaries. 6. In view of the submission made by learned counsel for the parties this writ petition is disposed of by directing the petitioner to approach the respondent No.3 by filing a fresh representation ventilating his 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 the claim of the writ petitioner, which would include a due verification of the fact as to whether the petitioner had actually worked in the school during the period claimed by him. The above exercise would be completed within a period of six weeks from the date of receipt of representation. 7. The writ petition is accordingly disposed of. No order as to cost.