Abdus Salem vs The State Of Assam And 5 Ors
2021 Latest Caselaw 1702 Gua

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GAHC010180772020




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

                        Case No. : WP(C)/5456/2020

         ABDUS SALEM
         S/O LATE ABUL WAHED MUNCHI, VILL. TUKTUKI, P.O. TUKTUKI, DIST.
         NAGAON, ASSAM, PIN 782023



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
         ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI 781006

         2:THE DIRECTOR OF ELEMENTARY EDUCATION
          KAHILIPARA
          GUWAHATI 781019

         3:THE DIST. ELEMENTARY EDUCATION OFFICER
          NAGAON
         ASSAM
          PIN 781001

         4:THE BLOCK ELEMENTARY EDUCATION OFFICER
          JURIA BLOCK
          JURIA
          DIST. NAGAON
         ASSAM
          PIN 781001

         5:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
          FINANCE (BUDGET) DEPTT.
          DISPUR
          GUWAHATI 781006

         6:THE TREASURY OFFICER
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             NAGAON
             ASSAM
             PIN 78100



Advocate for the Petitioner   : MR C BARUAH

Advocate for the Respondent : SC, ELEM. EDU




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                      JUDGMENT

Date : 26-07-2021

Heard Mr. R. Boro, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned counsel for the respondents No.1, 2, 3 and 4 being the authorities under the Elementary Education Department of the Govt. of Assam, Mr. A. Chaliha, learned counsel for the respondents No. 5 and 6 being the authorities under the Finance Department of the Govt. of Assam.

2. The service of the petitioner who was serving as an Arabic teacher in Goroimari Pam MEM in the Nagaon district was provincialised as per the order dated 16.05.2013 of the Director of Elementary Education, Assam under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 as amended in 2012 hereinafter referred as the Act of 2011.

3. The provision of the Act of 2011 makes it apparent that under the said Act it is a deemed provincialisation of the service w.e.f. 01.01.2013. The name of the petitioner appears at Serial No.19 in respect of Goroimari Pam MEM in the Juria block of Nagaon district. The very fact when the name of the petitioner appeared in the order dated 16.05.2013 it has to be understood that his service was provincialised w.e.f. 01.01.2013. When the service of the petitioner stood Page No.# 3/4

pronvincialised w.e.f. 01.01.2013 it also has to be understood that under the law he has the legal right to receive the salary and allowances from the said date.

4. The petitioner has instituted this petition on the grievance that the salary and allowances were not paid for the period 01.01.2013 upto 31.07.2013. As has already been held, by virtue of deemed provincialisation of the service of the petitioner w.e.f. 01.01.2013 as depicted in the order dated 16.05.2013 of the Director of Elementary Education, we have to hold that the petitioner was entitled to the salary and allowances for the period 01.01.2013 to 31.07.2013. In this respect reference has also been made to the order dated 21.11.2019 of the Block Elementary Education Officer, Juria block addressed to the District Elementary Education Officer, Nagaon requesting for an amount of Rs.1,16,322/- for payment of the arrear salary of the teachers for the period w.e.f. 1.01.2013 to 31.07.2013. The said communication also reveals an admitted position of the respondents that the provincialised teachers were entitled to their salary and allowances for the period.

5. We also take note that in the meantime, the petitioner had already retired from service on 31.07.2013. As his service was provincialised for the period w.e.f. 01.01.2013 to 31.07.2013, we are of the view that a legal right had accrued to the petitioner to receive the salary and allowances for the said period.

6. In view of such deprivation of the legal right of the petitioner, the respondents in the Elementary Education Department is directed to do the needful and pay the salary and allowances of the petitioner for the period w.e.f. 01.01.2013 to 31.07.2013.

7. The requirement be done within a period of three months from the date of Page No.# 4/4

receipt of the certified copy of the order.

8. Writ petition stands allowed in the above terms.

JUDGE

Comparing Assistant