NAHIM UDDIN MAZARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B. Ahmed, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned counsel for the respondents No.1, 2, 4, 5 & 6 being the authorities under the Elementary Education Department of the Govt. of Assam and Mr. B. Gogoi, learned counsel for the respondent No.3.

(2.) The petitioners who are the teachers in their respective L.P. and M.E schools were all placed under suspension as per the order dtd. 4/9/2017 of the Director of Elementary Education, Assam. Subsequently all the petitioners were reinstated in service as per the order of the Director of Elementary Education, Assam dtd. 8/8/2018. By an order dtd. 11/1/2019 of the Director of Elementary Education, Assam the period of suspension of the six petitioners were treated to be on duty for all purpose. Subsequently by another order dtd. 2/9/2019 there was a punishment imposed for stoppage of increment without cumulative effect and further to release the increment w.e.f. the date of the suspension i.e. 4/9/2017.

(3.) In the circumstance, this petition is instituted for a direction that the petitioners be paid their arrear salary for the aforesaid period of suspension. For the purpose, the petitioners refer to a communication dtd. 11/12/2019 of the Block Elementary Education Officer, Hailakandi made to the District Elementary Education Officer, Hailakandi, wherein, a prayer made by the petitioner along with a calculation sheet as regards their arrear salary was forwarded to the District Elementary Education Officer. The District Elementary Education Officer, Hailakandi in turn by the communication dtd. 2/1/2020 made to the Director of Elementary Education, Assam considers the forwarding of the aforesaid document to be a proposal for release of arrear salary and makes a request to the Director for doing the needful. As the matter did not proceed any further and no progress had taken place, this petition is instituted.