Gauhati High Court
Shri Padma Dhar Das vs The State Of Assam And 2 Ors on 23 March, 2023
Page No.# 1/5
GAHC010070752019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/115/2019
SHRI PADMA DHAR DAS
S/O- SRI SONA RAM DAS,
R/O- VILL. AND P.O. RAMPUR, DIST.- NALBARI, ASSAM, PIN- 781312.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-
781019.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019.
3:THE INSPECTOR OF SCHOOLS
NALBARI DISTRICT CIRCLE
NALBARI
ASSAM
Advocate for the Petitioner : MR. M K CHOUDHURY
Advocate for the Respondent : SC, SEC. EDU.
Linked Case : WA/153/2019
Page No.# 2/5
DHIREN CH. MEDHI AND 4 ORS.
S/O- LATE GOHIN CH. MEDHI
R/O- VILL. AND P.O. ADABARI
P.S. MUKALMUWA
DIST.- NALBARI
ASSAM
PIN- 781347
WORKING AS ASSTT. TEACHER
PUB-BARKHETRI HIGH SCHOOL
LOHARKATHA
NALBARI.
2: KHANINDRA KR. BARMAN
S/O- NARENDRA NATH BARMAN
R/O- VILL. AND P.O. BARTALA
P.S. MUKALMUWA
DIST.- NALBARI
PIN- 781347
WORKING AS ASSTT. TEACHER
BARTALA HIGH SCHOOL
BARTALA.
3: HEMANTA DAS
S/O- MADHU RAM DAS
R/O- 3 NO. BARTALA
P.O. BARTALA
P.S. MUKALMUWA
DIST.- NALBARI
PIN- 781347
WORKING AS ASSTT. TEACHER BARNIBARIMILAN HIGH SCHOOL
BARNIBARI.
4: MD. PIAR ALI
S/O- LATE JAYA ALI
R/O- VILL. AND P.O. NARAYANPUR
P.S. MUKALMUWA
DIST.- NALBARI
ASSAM
PIN- 781347
WORKING AS ASSTT. TEACHER. PUB- BARKHETRI HIGH SCHOOL
LOHARKATHA
NALBARI.
5: HEMANTA KALITA
S/O- LATE ANANDI KALITA
R/O- VILL. AND P.O. LAWPARA
P.S. MUKALMUWA
DIST.- NALBARI
Page No.# 3/5
ASSAM
PIN- 781347
WORKING AS ASSTT. TEACHER
LAWPARA HIGH SCHOOL
LAWPARA
NALBARI
ASSAM.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
EDUCATION (SECONDARY) DEPTT.
DISPUR
GUWAHATI- 781019.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019.
3:THE INSPECTOR OF SCHOOLS
NALBARI DISTRICT CIRCLE
NALBARI
ASSAM
PIN- 781347.
------------
Advocate for : MR. M K CHOUDHURY
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS.
BEFORE
HON'BLE THE CHIEF JUSTICE
THE HON'BLE MR. JUSTICE SUMAN SHYAM
23/03/2023
Both these intra-court appeals are directed against the judgement and orders both dated
28/02/2019 passed by the learned Single Judge in WP(C) 6115/2015 and WP(C) 4796/2015, declining
the prayer made by the writ petitioners/appellants for payment of arrear salaries for the period from
21/05/2012 till 18/01/2014.
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It appears that the services of the appellants as Assistant Teachers were earlier terminated by
the Inspector of Schools. The orders of termination from service were put to challenge in WP(C)
3118/2012 and WP(C) 3114/2012 filed by the respective appellants as writ petitioners. By the
common judgement and order dated 01/08/2013 passed by this Court in WP(C) 3118/2012 & WP(C)
3114/2012 and batch of writ petitions, similar orders from termination of service of the appellants as
well as other similarly situated candidates were set aside by the learned Single Judge and liberty was
granted to the department to proceed against them afresh after serving show cause notices. It
appears that thereafter, a de-novo proceeding was held, where-after, the appellants as well as the
other similarly situated candidates were reinstated in service with all consequential benefits.
Accordingly, the appellants had prayed for payment of salary for the period from 21/05/2012 to
18/01/2014 by treating that period as deemed to be in service. However, when their request for
payment of arrear salary was declined, the appellants, as writ petitioners, had approached this Court
once again by filing WP(C) 6115/2015 & WP(C) 4795/2015, which were disposed by the impugned
judgement and order dated 28/02/2019.
Mr. Barkataki submits that by the judgement and order dated 23/09/2012 passed in Writ
Appeal No. 211/2019 (Dipali Barman Vs. State of Assam and others ), preferred by another similarly
situated candidate assailing the order dated 28/02/2019 passed by the learned Single Judge in WP(C)
7032/2015, declining the prayer for release of arrear salary, the writ appeal was disposed of by
making the following observations :-
"16. Considering the aforesaid, this Court is of the opinion that the claim raised by the
appellant before the learned Single Judge has been wrongly declined. The learned Single
Judge has also committed an error in coming to the conclusion that the appellant had
accepted the order. The impugned order passed by the learned Single Judge is hereby
quashed and set aside. The appeal deserves to be allowed and is hereby allowed.
17. The Director of Secondary Education, Assam is directed to take necessary steps to
release the arrears of salary of the appellant and process the same for the period from
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21.05.2012 to 18.01.2014 and after quantifying the same, make such payment of arrears of
salary to the appellant within a period of 3(three) months from the date of receipt of the
certified copy of this judgment & order."
According to Mr. Barkataki, the case of the appellants is squarely covered by the judgement
and order dated 23/09/2022 and, therefore, these appeals can also be disposed of accordingly.
Mr. R. Mazumdar, learned departmental counsel has also fairly submitted that the cases of the
appellants are covered by the aforesaid judgement and order dated 23/09/2022.
In view of the above, both these Writ Appeals are disposed of in the light of the observations
made in the order dated 23/09/2022 by providing that the arrear salary of the appellants for the
period from 21/05/2012 till 18/01/2014 be paid to them within a period of 3 (three) months from the
date of receipt of a certified copy of this order.
Both the writ appeals stand allowed.
JUDGE CHIEF JUSTICE
sukhamay
Comparing Assistant
