Point of Law: Court is unable to understand as to how salary of petitioners can be withheld due to insufficient budget provision, whereas teaching staff of the same school has been paid their salary for the aforesaid period.

JUDGMENT :

LANUSUNGKUM JAMIR, J.

1. Heard Mr. A.K. Hussain, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department for Respondents No. 1, 3, 5 and 7 and Mr. A. Chaliha, learned Standing Counsel, Finance Department for Respondents No. 2, 4 and 6.

2. The petitioner No. 1 is the Head Teacher and the Petitioner No. 2 is the Assistant Teacher of Uttar Ghilazari Lower Primary School, Barpeta District. The services of the petitioners were provincialized by the order dated 14.5.2013 issued by the Director of Elementary Education, Assam/Respondent No. 3.

3. The main grievance of the writ petitioners in this writ petition is that they have not been paid their salary with effect from 1.1.2013 to 28.2.2014 without assigning any reason. They, therefore, pray for a direction to the respondents to pay arrear salary of the petitioners for the aforesaid period.

4. The Director of Elementary Education, Assam/Respondent No. 3 has filed an affidavit-in-opposition and paragraph-7 of the said affidavit is extracted herein-below:

“7. That with regard to the statements made in paragraphs 7, 12, 13 and 15 of the writ petition the answering deponent begs to state that the proposal as received from the office of the District Elementary Education Officer, Barpeta vide Letter No. BEE/Requirement/ arrear ME/10676 dated 17.11.2014 (Annexure-6 to the writ petition) for an amount of Rs. 4,87,516/- (Rupees Four lakh eighty seven thousand five hundred sixteen) only was not processed due to insufficiency of Budget Provision in the respective Head of Account.

However, the office of the answering deponent has already directed the DEEO, Barpeta vide Letter No. EHA/70/2022/89, dated 28.04.2022 to submit a fresh arrear salary proposal in respect of the petitioners, as per prescribed formal along with the relevant documents including Non-Drawal Certificate, duly counter signed by the Treasury Officer concerned with detail report for further necessary action in this regard during the financial year 2022-23 out of the Budget provision provided under the respective Head of Account.

Accordingly the DEEO, Barpeta has submitted the fresh arrear salary proposal in respect of the petitioners vide letter No. BEE/Arrear Salary/Pt-II/2016/1438 dated 23.05.2022 and the said proposal is under process in the office of the answering deponent for further necessary action.”

5. On consideration of the averments made in paragraph-7 of the affidavit-in-opposition of Respondent No. 3, it appears that the arrear salary of the petitioners with effect from 01.01.2013 to 28.02.2014 was not processed due to insufficiency of budget provision in the respective Head of Account.

6. This Court is unable to understand as to how the salary of the petitioners can be withheld due to insufficient budget provision, whereas the teaching staff of the same school has been paid their salary for the aforesaid period. It appears, the Respondent No. 3 has already directed the DEEO, Barpeta by the letter dated 28.04.2022 to submit a fresh arrear salary proposal in respect of the petitioners as per the prescribed format along with the relevant documents including Non-Drawal Certificate duly counter signed by the Treasury Officer concerned. Thereafter, the DEEO, Barpeta has submitted a fresh arrear salary proposal in respect of the petitioner by letter dated 23.05.2022. It appears that the proposal is under consideration in the office of the Respondent No. 3.

7. Accordingly, Respondent no. 3 is directed to forthwith take all necessary steps to allow the petitioners to receive the arrear salary for the period 01.01.2013 to 28.02.2014 by following due procedure of law. Thereafter, the arrear salary of the petitioners with effect from 01.01.2013 to 28.02.2014 shall be paid within a period of two months from the date of receipt of certified copy of this order.

8. With the aforesaid observation and direction, this writ petition stands disposed of.