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Gauhati High Court
Sanath Kumar Deb vs The State Of Assam And 4 Ors on 7 March, 2026
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GAHC010235222022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7405/2022
SANATH KUMAR DEB
RETD. ASSOCIATE PROFESSOR, M.C. DAS COLLEGE, SONAI, S/O- LATE
SATISH CHANDRA DEB, R/O- VILL.- NATUN BAZAR, P.O. NARSINGPUR, P.S.
DHOLAI, DIST. CACHAR, ASSAM, PIN- 788115.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE SECRETARY AND COMMISSIONER TO THE
GOVERNMENT OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR,
GUWAHATI-781006.
2:THE DIRECTOR OF HIGHER EDUCATION
KAHILIPARA
GUWAHATI
ASSAM PIN- 781019.
3:THE SECRETARY AND COMMISSIONER
FINANCE DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR GUWAHATI-781006.
4:DEPUTY SECRETARY
UNIVERSITY GRANTS COMMISSION
NORTH EASTERN REGIONAL OFFICE
BANPHOOL NAGAR
BASISTHPUR
GUWAHATI-781038 ASSAM
5:THE PRINCIPAL AND DDO
M.C. DAS COLLEGE
SONAI
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P.O. SONAIMUKH
DIST. CACHAR
ASSAM
PIN- 788119
Advocate for the Petitioner : MR S NATH, DR G J SHARMA
Advocate for the Respondent : SC, EDU, SC, FINANCE DEPTT.,SC, U G C
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
07.03.2026
1. Heard Mr. S. Nath, learned counsel for the petitioner. Also heard Mr.
S. Das, the learned Standing Counsel for the Education Department and
Mr. A. Borthakur, learned counsel for the respondent No. 3.
2. The claim involved in this present petition is to arrears of salary
amounting to Rs. 25,77,048/- payable to the petitioner, an Associate
Professor of M. C. Das College, Sonai, Cachar, who has since retired.
3. The learned Standing Counsel for the Higher Education Department
made a submission before this Court on 01.10.2024 that the Government
in the Higher Education Department by its communication dated
20.11.2006 had already submitted the proposal before the State
authorities, seeking grant of necessary sanction for the aforesaid amount
under relevant head of account during the financial year 2024-2025, out
of budgetary provision of Rs. 300.00 Lakh.
4. This Court also recorded under its order dated 01.10.2024 that since
the sanction is dated 01.10.2024, a re-validation is required.
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5. Subsequently, on different occasions, the Standing Counsel for the
Higher Education Department sought adjournment. Lastly, on 16.07.2025
another statement was made by the learned Standing Counsel that the
sanctioning of arrear salary to the petitioner is under active
consideration. However, it is very unfortunate that same position is still
submitting as on date.
6. From the aforesaid stand, what is seen is that arrears of salary due
to the petitioner amounting to Rs. 25,77,048/- is not in dispute and such
amount was admitted way back on 20.11.2006 and period of arrear is
w.e.f. 01.04.2000 to 31.12.2005 and 01.01.2006 to 28.02.2016. However,
almost 10 years has been elapsed without any payment.
7. At this stage, the learned Standing Counsel submits that he may be
granted further two weeks time to ascertain that the aforesaid admitted
arrears of salary is paid to the petitioner.
8. Prayer stands allowed.
9. List this matter again on 04.04.2026.
10. It is made clear that if such amount is not paid, this Court may
consider payment of interest to the petitioner, which shall be deducted
from the salary of the erring officials for whose fault such payment has not
yet been made and in addition, this Court may impose cost.
JUDGE
Comparing Assistant
