Gauhati High Court
Kalyan Bayan vs The State Of Assam And 5 Ors on 2 August, 2023
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GAHC010018172022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/824/2022
KALYAN BAYAN
S/O- LATE GOPI NATH BAYAN, R/O- BARPETA TOWN, WARD NO. 19, P.O.,
P.S. AND DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM, ELEMENTARY EDUCATION DEPARTMENT, ASSAM SECRETARIAT,
DISPUR, GHY-22.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE DISTRICT COMMISSIONER
BARPETA
BARPETA
ASSAM
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
BARPETA
ASSAM
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
MANDIA BLOCK
MANDIA
6:THE TREASURY OFFICER
BARPETA
ASSA
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Advocate for the Petitioner : MR. U C RABHA
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
02-08-2023
Heard Mr. U.C. Rabha, learned counsel for the petitioner and Mr. P.K. Borah, learned Standing
counsel, Department of School (Elementary) Education, Assam for the respondent Nos. 1, 2, 4 & 5.
Also heard Mr. A. Chakraborty, learned Government Advocate, Assam for the respondent No. 3 and Mr.
A. Chaliha, learned Standing counsel, Finance Department of the State for the respondent No. 6.
2. Pursuant to the appointment order under Memo No. EP-30/92/455-62 dated 10.02.1995 issued
by the District Elementary Education Officer (DEEO), Barpeta, the petitioner on 13.02.1995 joined his
service as an Assistant Teacher at Balikuri M.E. Madrassa under Rupshi Education Block in the district
of Barpeta against the vacant post. Later, the concerned authority transferred him to Raha Girls M.E.
School under Rupshi Education Block, District-Barpeta.
3. On receipt of the complaint of the Head Mistress of said Raha Girls M.E. School, the DEEO,
Barpeta vide order dated 05.08.2011, suspended the petitioner from his service under the provisions
of the Assam Services (Discipline and Appeal) Rules, 1964 with immediate effect observing that he
shall be entitled to draw subsistence allowances as per the Rules during the period of his suspension.
4. By order dated 23.11.2011, the DEEO, Barpeta allowed the petitioner to draw subsistence
allowance @ 75% after completion of 3 (three) months from the date of his suspension, i.e.,
05.08.2011.
5. The petitioner was made an accused in Barpeta P.S. Case No. 758/2011 registered under
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Sections 387/34 IPC, corresponding to G.R. Case No. 1552/ 2011, on the basis of the complaint
lodged by the Head Mistress of said Raha Girls M.E. School, Sorbhog, Barpeta.
6. Later, the learned Chief Judicial Magistrate, Barpeta vide Judgment and Order dated 24.05.2018
acquitted the petitioner from said Barpeta P.S. Case No. 758/2011 as the prosecution failed to prove
his guilt beyond all reasonable doubt.
7. After the said order of the learned Chief Judicial Magistrate, Barpeta dated 24.05.2018, the
DEEO, Barpeta vide order under Memo No. DEEOB/Bar/Misc/ 2010/2305-15 dated 29.10.2013,
reinstated the petitioner in service in his original post i.e., Assistant Teacher and posted him at Uttar
Chapra M.E. Madrassa under the Mandia Education Block in the district of Barpeta. Subsequently, by
order under Memo No. BEE/Court case/WP(C) No. 2497/12/ 6470-77 dated 26.10.2018, the DEEO,
Barpeta regularised the suspension period of the petitioner w.e.f. 05.08.2011 to 31.10.2013 treating
the said period as on duty.
8. Though the petitioner received the benefits to draw 1 st and 2nd Financial Upgradations under
the Assured Career Progression Scheme (ACPS) w.e.f. 01.01.2011 in pursuance of the Notifications of
the Finance Department of the State Government dated 25.05.2011 as well as 19.06.2012; but, he
has not been paid an amount of Rs. 2,54,506/- that includes (i) Rs. 36,654/- towards 1st Financial
Upgradation Pay under the ACPS w.e.f. 01.01.2011 to 28.02.2014; (ii) Rs. 1,99,352/- towards
regularization of his suspension period w.e.f. 05.08.2011 to 31.10.2013 and (iii) Rs. 18,500/- towards
two increments in the years 2012 and 2013 w.e.f. 01.11.2013 to 31.03.2016.
9. The Block Elementary Education Officer (BEEO), Mandia vide communication No. 158/11-
12/877 dated 24.10.2019 along with the Non-Drawal Certificate dated 24.10.2019 by the petitioner for
an amount of Rs. 2,54,506/- and the DEEO, Barpeta by his communication No. BEE/Arrear Salary/Pt-
I/2018/6558 dated 29.11.2019 submitted a proposal before the Director of Elementary Education,
Assam with regard to the payment of arrear salary to the petitioner.
10. It is stated by the petitioner that said arrear salary of Rs. 2,54,506/- has not yet been paid to
him by the respondent authorities in the Elementary Education Department inspite of submission of
requisite proposal for the period from 01.01.2011, 05.08.2011 to 31.10.2013 and 01.01.2011 to
31.03.2016, noted above, before the Director of Elementary Education, Assam.
12. The Director of Elementary Education, Assam, respondent No. 2 as well as the District
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Elementary Education Officer, Barpeta, respondent No. 4 shall file their respective affidavits in the
matter on or before 29.08.2023 regarding status of payment of arrear salary of Rs. 2,54,506/- payable
to the petitioner in terms of the communication of the BEEO, Mandia dated 24.10.2019 as well as the
Non-drawal Certificate by the petitioner issued by the BEEO, Mandia on 24.10.2019.
13. List this matter on 31.08.2023.
14. Failure on the part of the Director of Elementary Education, Assam, respondent No. 2 and the
District Elementary Education Officer, Barpeta, respondent No. 4 to file such affidavits in the matter
within the time as specified above, the Court shall consider to pass consequential order against the
erring respondents.
15. Copy of this order be furnished to Mr. P.K. Borah, Department of School (Elementary) Education
for his necessary use.
JUDGE
Comparing Assistant
