Shirajul Hoque vs The State Of Assam And 4 Ors
2021 Latest Caselaw 3003 Gua

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GAHC010192622021




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

                          Case No. : WP(C)/6161/2021

         SHIRAJUL HOQUE
         S/O LATE SEBAR UNDIN MONDOL, VILLAGE BHOGDAHAR, PO PATAMARI,
         PS AND DIST DHUBRI, ASSAM 783324



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR
         GUWAHATI. ASSAM, 781006

         2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM

          KAHILIPARA
          GUWAHATI 19

         3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

          DHUBRI
          ASSAM
          783301

         4:THE BLOCK ELEMENTARY EDUCATION OFFICER

          GAURIPUR
          DIST DHUBRI
          ASSAM
          783331

         5:THE COMMISSIONER AND SECRETARY
          FINANCE DEPARTMENT
         ASSAM
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             DISPUR GUWAHATI 0

Advocate for the Petitioner   : MR J ISLAM

Advocate for the Respondent : SC. EDU.




                                  BEFORE
                 HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

                                         ORDER

Date : 22-11-2021

Heard Mr. J. Islam, learned counsel appearing for the petitioner. Also heard Mr. P.K. Bora, learned counsel for the respondents No.1 to 4 and Mr. A. Chaliha, learned counsel for the respondent No.5.

2. Following his arrest in connection with Dhubri P.S. Case No.148/2010, the petitioner was suspended from service. After almost four years, the suspension order was revoked vide order No.ECA-26/2010/163 dated 25.03.2014 issued by the Director of Elementary Education, Assam. In the meanwhile he was found innocent in the trial by the learned Additional Sessions Judge, FTC, Dhubri vide the judgment and order dated 14.02.2013. Following his acquittal, his service for the period he was suspended i.e. 26.08.2010 to 25.03.2014 was regularized vide order No.ECA-26/2010/277 dated 03.11.2017 issued by the Director of Elementary Education, Assam. After the issuance of the above stated order, the District Elementary Education Officer forwarded the process for payment of arrear of pay and allowance of the petitioner for the period mentioned above. However, no payment was made as per the proposal made.

Therefore, the petitioner is before this Court praying for issuance of appropriate writ or direction or order, directing the respondents to pay the arrears of his salary and allowance for the period between 26.08.2010 to 25.03.2014 Page No.# 3/3

3. Taking into account the facts and circumstance of the case and as agreed to by the learned counsels of the parties, this petition stands disposed of with a direction that the Director of Elementary Education Department who is the respondent No.2 after proper verification of the facts and circumstance of the case as stated above shall take appropriate action so that the petitioner gets his arrear of pay and allowance for the period he was under suspension within a period of two months from the date of receipt of a certified copy of this order.

4. Writ petition stands disposed of as indicated above.

JUDGE

Comparing Assistant