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2016 Supreme(Gau) 662

AJIT SINGH, SUMAN SHYAM
Kshemalata Gogoi – Appellant
Versus
State of Assam & 5 Ors. – Respondent


Ajit Singh; CJ.:--

1. Mr. HR Ahmed, learned counsel appearing for the appellant. Mr. S Saikia, learned Standing Counsel for Secondary Education and Mr. P Nayak, learned Standing Counsel for Finance.

2. Heard on admission.

3. This intra court appeal is directed against the order dated 4.9.2015 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant’s WP(C) No. 4932/2015.

4. The appellant was working as Senior Hindi Teacher since 28.10.1993 in the Joymoti Girls High School under Sivasagar District Circle. He, on attaining the age of superannuation, retired from service on 31.10.2012. After 3 years of retirement, the appellant filed WP(C) No. 4932/2015 for payment of arrears of salary of 40 months from August, 1996 to February, 2002 on the ground that the same was not paid to him. The learned Single Judge, relying upon the Division Bench decision of this Court in Harendra Chandra Nath v. State of Tripura, 2013 (2) GLT 1094, has dismissed the appellant’s writ petition.

5. In the case of Harendra Chandra Nath (supra), a Division Bench of this Court has held that no right is available to an employee for recovery of arrears beyond 3 years from the date of fili

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