GAHC010245782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6583/2025 SRI MADHUSUDHAN DASGUPTA S/O LATE NIPENDRA DASGUPTA, ASSISTANT TEACHER, ANCHALIK ME SCHOOL, PANIGAON, KACHALKHOWA, UNDER DI OF SCHOOLS, NAGAON, RO VILL PANIGAON, ANANDANAGAR, PO ITACHALI, PS SADAR, DIST NAGAON, ASSAM, PIN

782003 VERSUS THE STATE OF ASSAM AND 6 ORS.

REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ELEMENTARY EDUCATION, DISPUR, GUWAHATI 6

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON DIST NAGAON ASSAM

4:THE DI OF SCHOOLS ASSAM PIN 782001

5:THE BLOCK ELEMENTARY EDUCATION OFFICER RUPAHI EDUCATIONAL BLOCK ASSAM

6:THE COMMISSIONER AND SECRETARY GOVT OF ASSAM DEPARTMENT OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI ASSAM PIN 781006

7:THE TREASURY OFFICER DIST CACHAR ASSA Advocate for the Petitioner : MR. B PURKAYASTHA, MR. J P BARUAH Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

16.02.2026 Date :

Heard Mr. B. Purkayastha, learned counsel, appearing for the petitioner.

Also heard Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department, appearing for the respondent nos.1, 2, 3, 4 and 5 and Mr. A. Chaliha, learned Standing Counsel, Finance, appearing for the respondent nos.6 and 7.

2. The petitioner by way of instituting the present proceedings has prayed for a direction upon the respondent authorities for releasing to him his arrear salaries for the period w.e.f. 01.09.2023 to 29.02.2024 amounting to Rs.1,67,658/- (Rupees One Lakh Sixty Seven Thousand Six Hundred Fifty Eight).

3. The learned counsel for the petitioner has submitted that the entitlement of the petitioner to receive his salaries for the period w.e.f., 01.09.2023 to 29.02.2024 is not disputed by the respondents, and accordingly direction is called upon to be issued to the respondents to release the amount involved at the earliest.

4. Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department, on instructions, has submitted that the Government in the Department of School Education, had already sanctioned an amount of Rs.1,67,658/- (Rupees One Lakh Sixty Seven Thousand Six Hundred Fifty Eight) for payment of the arrear salaries of the petitioner for the period w.e.f., 01.09.2023 to 29.02.2024. He further submits that in terms of the sanction so made, budget allocation for the amount involved has also been made vide a communication dated 12.02.2026. Mr. P. K. Bora, submits that the said amount would now be credited to the Bank account of the petitioner within a period of 1 (one) month from today.

5. In view of the above position, the respondents having admitted the entitlement of the petitioner to receive his salaries in arrears for the period w.e.f., 01.09.2023 to 29.02.2024 and the amount involved being already sanctioned along with making provision for budget allocation, this Court is of the considered view that the present writ petition would not mandate to be detained any further for adjudication.

6. In view of the above, the respondents are directed to release to the petitioner his admitted arrear salaries for the period w.e.f.

01.09.2023 to 29.02.2024, within a period of 30(thirty) days from the date of receipt of a certified copy of this order.

7. A copy of the communication dated 12.02.2026, furnished by Mr.

P. K. Bora, is kept on record and marked as ‘X’.

JUDGE Comparing Assistant