BIBEKANDA BORAH S/O LT NAREN CHANDRA BORAH Vs. STATE OF ASSAM AND 7 ORS
LAWS(GAU)-2018-6-48
HIGH COURT OF GAUHATI
Decided on June 08,2018

Bibekanda Borah S/O Lt Naren Chandra Borah Appellant
VERSUS
State Of Assam And 7 Ors Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. B Kumar, learned counsel for the petitioner as well as Mr. N Sarma, learned counsel for the respondent Nos. 1 to 6. Mr. P Nayak, learned counsel appears on behalf of the respondent No.8.
(2.) This writ petition has been filed praying for a direction to the respondents to release his arrear salary. The petitioner's case is that he was appointed as an Assistant Teacher by the respondent No.4 under OBB (4040) Scheme in Na-Sahar M.E. School. His service was adjusted/ regularized by the Respondent No.3 vide Order under Memo No.EPMD34/2010/276, dated 02.08.2010 in Karibil M.E. School, under the Respondent No. 7. Due to anomaly created by the respondents in the list of teachers, the petitioner could not join his new place of posting. The respondents had sent two names for a single post. As a result, the petitioner joined in the DIET Office, Biswanath Chariali. Thereafter, respondents sent him for Sr. Basic Training but the respondents held up his monthly salary. The petitioner's service was re-adjusted vide Order No. PMA.113/2007/ Pt./439 dated 17.05.2012 in the same school, i.e. in Karibil M.E School . After re-adjustment of his service, the petitioner was allowed to draw his monthly salary, but the respondents did not release his salary for 21(twenty-one) months and 18 (eighteen) days, i.e., from 02.0.2010 to 18.05.2012. The petitioner thus claims that he is entitled to an amount of Rs.3,80,070/- (Rupees Three Lac Eighty Thousand Seventy) only, as his arrear salary.
(3.) Mr. N Sarma, learned counsel for the Elementary Education Department has submitted letter No. EPMD.18/2014/92 dated 08.03.2018, issued by the Director, Elementary Education Department, Assam and addressed to the Commissioner and Secretary to the Government of Assam, Education Elementary Department which states as follows:- "Sub: Proposal for Creation of Supernumerary post of A.T. of Upper Primary School in connection with WP ( C) No.6456 of 2014. Sir, With reference to the subject cited above, I have the honour to submit proposal for creation of 1(one) supernumerary post of A/T of upper primary school under Sonitpur District for the period from 02/08/2010 to 18/05/2012 for regularization of services of the petitioner Sri Bibekananda Bora who was originally appointed under OBB (4040) Scheme. Subsequently the services of the petitioner along with other OBB (4040) teacher of Sonitpur District were regularized/adjusted against the vacant post allowing them to undergo Sr.Basic/ Normal training vide this order Memo No.EPMD.34/2010/276 dated 02.08.2010. But the petitioner could not join in the concerned school as the post of the said school was filled-up by appointing other person. Subsequently the Govt. re-adjusted his service against another valid vacant post vide the Govt. order No. PMA.113/2007/pt./439 dated 17.05.2012. It is clear that the petitioner was in service up to the readjustment of his service and thus appeared a gap period for which it is needed to e regularized his gap period by creating supernumerary of A.T of Upper primary School for payment of arrear salary of the petitioner in compliance of the Hon'ble High Court order dated 15.02.2018 (Copy enclosed). The financial implication will be Rs.3,80,070/- as reported by the DEEO, Sonitpur vide his letter No.DEEO/Sonit/Payment/ 35/2012/6976 dated 26.02.2018 n connection with payment of arrear salaries for the period from 02.08.2010 to 18.05.2012 (Copy enclosed) by creating supernumerary post of A/T of upper primary school under the Head of Accounts "2202-Genl.Edn-01-Ele-Edn-101-Govt. Primary Schools-165 Govt. Middle School-01 Salaries (EE-Estt-Etc) 2017-18 as the sufficient fund will stand as balance to meet the expenditure of Rs.3,80,070/- under the above mentioned Head of Accounts during 2017-18 as per the statement showing the balance amount submitted by the BEEO Chaiduar, Gohpur (copy enclosed). This is for favour of the Govt. kind information and necessary action.";


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