Krishna Dey vs The State Of Assam And 5 Ors
2021 Latest Caselaw 296 Gua

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GAHC010047532020




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/1443/2020

         KRISHNA DEY
         W/O .T. NIKHIL CHANDRA DEY, R/O VILL. GAURIPUR, WARD NO. 1, RANI
         NIHARBALA BARUAH PATH, P.O. GAURIPUR, P.S. GAURIPUR, DIST.
         DHUBRI, ASSAM, PIN-783331



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE CHIEF SECREATRY TO THE GOVT. OF ASSAM, DISPUR, GHY-6

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          SOCIAL WELFARE DEPTT. DISPUR
          GHY-6

         3:THE DIRECTOR OF SOCIAL WELFARE
         ASSAM
          UZANBAZAR
          GHY-1

         4:THE PRINCIPAL SECRETRY
          FINANCE DEPTT. DISPUR
          GHY-6

         5:THE SUPERINTENDENT
          DESTITUTE HOME DIGHALTARI
          P.O.AND P.S. HALAKURA
          DIST. DHUBRI
         ASSAM
          PIN-783301

         6:THE TREASURY OFFICER
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               DHUBRI
               ASSAM
               PIN-78330

Advocate for the Petitioner       : MR. M U MONDAL

Advocate for the Respondent : GA, ASSAM




                                     BEFORE
                   HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                                   ORDER

29.01.2021

Heard Mr. K. Islam, learned counsel appearing on behalf of Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Ms. M.D. Borah, learned counsel appearing for the respondent Nos. 1, 2, 3, & 5.

This is an application for payment of arrear salary for the month of February, 2004, November, 2008, December, 2008 and January, 2009. The further prayer of the petitioner is that he should be given his dues with regard to Nil Bill and increments. The petitioner has made a representation for payment of the above dues only on 14.03.2019, though the petitioner had retired from service on 31.08.2017. The writ petition has been filed on 25.02.2020.

This Court, vide order dated 06.03.2020, had directed the petitioner to inform this Court as to what was meant by "Nil Bill" and the specifics with regard to the increments allegedly due to the petitioner. However, no explanation with regard to the queries put forth by this Court is forthcoming. Accordingly, there are disputed questions of facts, which cannot be decided by this Writ Court. Further, as can be seen from the pleadings, the petitioner has prayed for arrear salary for one month in the year 2004, two months in the year 2008 and one month in the year 2009. The petitioner has made a representation for payment of the above arrear salary for four months only on 14.03.2019, though the petitioner had retired from service on 31.08.2017. The prayer for payment of arrear salary with regard to February, 2004, November and December, 2008 and June, 2009 is hit by laches and delay. The claims are also barred in terms of the judgment of the Division Bench of this Court in "Harendra Chandra Nath -vs- State of Tripura, reported in (2013) 2 GLT 1094."

In view of the reasons stated above, this Court holds that the prayer for payment of arrear salary cannot be granted by this Court. However, with regard to the other prayers made by the petitioner, the petitioner may Page No.# 3/3

approach the Civil Court as per law, if so advised.

The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant