Gauhati High CourtHemanta Baishya vs The State Of Assam And 4 Ors on 1 April, 2021Author:Achintya Malla Bujor BaruaBench:Achintya Malla Bujor BaruaPage No.# 1/3\n\nGAHC010130642013\n\n\n\n\n                              THE GAUHATI HIGH COURT\n   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)\n\n                                 Case No. : WP(C)/3752/2013\n\n            HEMANTA BAISHYA\n            S/O LATE BHUBAN BAISHYA, R/O HAJO, P.O. and P.S.HAJO, DIST.KAMRUP\n            R, ASSAM.\n\n\n\n            VERSUS\n\n            THE STATE OF ASSAM AND 4 ORS\n            REPRESENTED BY THE COMMISSIONER and SECY. TO THE GOVT. OF\n            ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI-6\n\n            2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM\n             FINANCE DEPTT.\n             DISPUR\n             GUWAHATI-781006\n\n            3:THE DIRECTOR\n             SECONDARY EDUCATION ASSAM\n             KAHILIPARA\n             GUWAHATI-19\n\n            4:THE INSPECTOR OF SCHOOLS\n             DIST. CIRCLE RURAL\n            AMINGAON\n             GUWAHATI 31\n\n            5:THE HEAD MASTER\n             HAJO GIRLS HIGH SCHOOL\n             P.O. HAJO\n             KAMRUP RURA\n\nAdvocate for the Petitioner   : MR.S K TALUKDAR\n                                                                                   Page No.# 2/3\n\nAdvocate for the Respondent : SC, FINANCE\n\n\n\n\n                                 BEFORE\n            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA\n\n                                          O R D E R01.04.2021\n\n     Heard Ms. ST Bokth, learned counsel for the petitioner, Mr. R Mazumdar, learned counsel\nfor the respondents in the Secondary Education Department of the Government of Assam and\nMr. A Chaliha, learned counsel for the Finance Department. By the order of 27.07.2018, notice\non the respondent No.5 was accepted to be completed. But today when the matter is called\nupon, none appears for the respondent No.5.2.     The petitioner claims to be serving as an Assistant Teacher in the Hajo Girls High\nSchool. It is stated that the petitioner was initially appointed as an Assistant Teacher in the\nHajo Adarsha ME School and as per the order dated 09.05.2003, his service was adjusted in\nthe Hajo Girls High School against a vacant post caused due to transfer of another teacher\nnamely, Sri Mahendra Saikia. In paragraph-3 of the writ petition, an averment is made that\nprior to the petitioner being adjusted in the Hajo Girls High School as per the order dated\n09.05.2003, his service was considered to be irregular appointment and he was subjected to\na scrutiny by the Manoharan Committee. Consequent upon the report of the Manoharan\nCommittee, an order dated 29.04.2005 was passed by the Commissioner and Secretary to the\nGovernment of Assam in the Education Department. The order dated 29.04.2005 of the\nCommissioner and Secretary inter-alia conveys the approval of the Government for release of\nthe current monthly salaries of 379 numbers of teachers who were considered to be irregular\nteachers as per the Manoharan Committee report. It is stated that pursuant to the said order\nof 29.04.2005, the petitioner has been receiving his salary till date.3.     In the circumstance, the petitioner claims for the arrear salary between the period\n09.05.2003 by which his service was adjusted in the Hajo Girls High School up to the period\nfrom which he had been receiving his salaries as per the order dated 29.04.2005.4.     We have no material before us to arrive at any conclusion that the service of the\n                                                                                     Page No.# 3/3\n\npetitioner for the said period between 09.05.2003 to 29.04.2005 was a regular service in any\nmanner, so as to issue a mandamus to the respondents for payment of the salary for the said\nperiod.5.     As in the absence of any relevant material on record, we are unable to take a decision\nas to whether the service of the petitioner for the aforesaid period was a regular service or\nnot, we deem it appropriate to remand the matter back to the Director of Secondary\nEducation, Assam to verify from the records as to what was the status of the petitioner for\nthe said period. If upon such verification, the Director is of the view that the appointment of\nthe petitioner has to be construed to be a regular appointment under the law for the period\nbetween 09.05.2003 and 29.04.2005, necessary salaries and allowances for the said period\nmay be ordered to be given or else if the Director is of the view that it was not a regular\nservice which did not entail any payment of salary, appropriate order may be passed.6.        In order to facilitate the process, the petitioner may submit a detailed representation\nbefore the Director stating as to on what basis the salary for the aforesaid period is being\nclaimed and on the representation being submitted, the Director shall pass a reasoned order\nwithin a period of two months from the date of receipt of such representation.The writ petition is disposed of in the above terms.JUDGE\n\n\n\nComparing Assistant