GAHC010238732025 2025:GAU-AS:15272

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6226/2025

ABDUR RAHMAN

S/O LT. NASIMUDDIN, R/O ISLAMPUR, P.O. KADONG, P.S. KALGACHIA,

DIST. BARPETA, ASSAM, PIN 781314

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,

ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GHY- 06

2:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM

KAHILIPARA

GHY-19

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

BARPETA PIN-781301

4:THE DEPUTY INSPECTOR OF SCHOOLS

BARPETA

ASSAM

PIN-781301

5:THE BLOCK ELEMENTARY EDUCATION OFFICER

MANDIA BARPETA PIN-781308

6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

FINANCE DEPARTMENT

DISPUR

GHY-0

Advocate for the Petitioner : MR J ISLAM, E BEGUM Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

12.11.2025 Heard Mr. J. Islam, learned counsel for the petitioner and Ms. N. Phukan, learned standing counsel for the Elementary Education Department.

2. The petitioner is aggrieved for non-payment of his arrear salary w.e.f. 07.12.2016 to 31.10.2021, as during that period he was placed under suspension and allowed to draw subsistence allowance @ 50% per month.

3. Mr. Islam, learned counsel for the petitioner submits that the petitioner was arrested on 07.12.2016, in connection with Baghbar P.S. Case No. 296/2016 and he was placed under suspension on 06.01.2017, by the Deputy Inspector of Schools, Barpeta and allowed to draw subsistence allowance @

50% per month.

3.1. Mr. Islam further submits that after departmental proceeding, the petitioner was reinstated on 26.10.2021, treating the suspension period as the period spent on duty. But, the salary of the petitioner for the aforementioned period and other consequential benefits have not been paid and therefore, the petitioner has filed one representation before the Block Elementary Education Officer (BEEO hereinafter), Mandia. But, the same failed to evoke any response. 4. Though Ms. Phukan, learned standing counsel for the Elementary Education Department, was directed to obtain instructions as to why the salary of the petitioner has not been paid for the aforementioned period, Ms. Phukan submits that she has not received the instructions and therefore, she has prayed for granting her some more time to obtain the same.

5. At this stage, Mr. Islam, learned counsel for the petitioner submits that this writ petition may be disposed of by directing the respondent authorities to dispose of the representation filed by the petitioner on 20.08.2025.

6. Accordingly, Ms. Phukan, learned standing counsel for the Elementary Education Department, submits that she has no objection in the event of disposing of this writ petition by directing the respondent authorities to dispose of the representation filed by the petitioner.

7. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record.

8. It appears that though the petitioner had submitted representation before the BEEO, Mandia, yet the same ought to have been submitted before the Director of Elementary Education, Assam.

9. Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the petitioner to submit a fresh representation, enclosing a copy of this writ petition and the documents enclosed therewith, before the Director of Elementary Education, Assam and the same shall be routed through the BEEO, Mandia.

10. On such representation being received, the Director of Elementary Education, Assam, shall dispose of the same within a period of 4 (four) weeks from the date of receipt of the same.

11. The parties have to bear their own costs.

12. In terms of above, this writ petition stands disposed of.

JUDGE Comparing Assistant