DIST. KOKRAJHAR vs REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF

16: SMT. MUKTA DAS W/O. BALARAM DAS ASSTT. TEACHER OF 753 NO. L.P. SCHOOL KOKRAJHAR-2 DIST. KOKRAJHAR ASSAM-783370. 17: SMT. BITHIKA (PAUL) DAS W/O. SRI KRISHNA DAS ASSTT. TEACHER OF DURGADAS L.P. SCHOOL KOKRAJHAR-2 DIST. KOKRAJHAR ASSAM-783370. 18: MISS TANUKA DAS D/O. RAMKRISHNA DAS Page No.# 4/14 ASSTT. TEACHER OF DURGADAS L.P. SCHOOL KOKRAJHAR-3 DIST. KOKRAJHAR ASSAM-783370. 19: NAYANTARA BRAHMA D/O. LT. JOGESWAR BRAHMA ASSTT. TEACHER OF RASTRAVASA L.P. SCHOOL VILL. MOMIRAMBARI (RUNIKHATA) P.O. RUNIKHATA DIST. CHIRANG ASSAM-783372. 20: SANCHITA NARZARY ASSTT. TEACHER OF 195 NO.KOLOBARI L.P. SCHOOL VILL. KOKOBARI DIST. KOKRAJHAR ASSAM-783370. 21: SMT. REVIKA BASUMATARY W/O. LAITHUR BASUMATARY ASSTT. TEACHER OF UTTAR AFLAGAON L.P. SCHOOL VILL. AND P.O. AFLAGAON DIST. KOKRAJHAR ASSAM-783370. 22: ABALA NARZARY ASSTT. TEACHER OF 447 NO. OUGURI L.P. SCHOOL VILL. OUGURI DIST. CHIRANG ASSAM-783372. 23: GAURICHARAN NARZARY ASSTT. TEACHER OF 977 NO. SISHUBARI L.P. SCHOOL VILL. SISHUBARI DIST. CHIRANG ASSAM-783372. 24: GOPAL BAHADUR CHETRY ASSTT. TEACHER OF 328 NO. PASCHIM PATGAON L.P. SCHOOL P.O. AND VILL. PATGAON DIST. KOKRAJHAR ASSAM-783372. 25: JOGODISH BARMAN ASSTT. TEACHER OF ROINADABRI L.P. SCHOOL VILL. AND P.O. ROINADABRI Page No.# 5/14 DIST. KOKRAJHAR ASSAM-783370. 26: RAHUL KOCHARI S/O. K. KOCHARI ASSTT. TEACHER OF MAINAJHAR L.P. SCHOOL VILL. BALAJAN TINALI P.O. HALTUGAON DIST. KOKRAJHAR ASSAM-783370. 27: RATAN BASUMATARY S/O. B. BASUMATARY ASSTT. TEACHER OF 472 NO.SALAKATI L.P. SCHOOL KOKRAJHAR-783370. 28: MISS MEGHALI ROY D/O. B. ROY ASSTT. TEACHER OF 27 NO. BHOTGAON L.P. SCHOOL VILL. KASHIPARA P.O. BHOTGAON DIST. KOKRAJHAR ASSAM-783370. 29: UDAY URAN S/O. MAHABIR URAN ASSTT. TEACHER OF JYOTIASHRAM L.P. SCHOOL P.O. AND VILL. DALOABARI (T.E.) DIST. KOKRAJHAR ASSAM-783370. 30: ARUP DEY S/O. ANANTA DEY ASSTT. TEACHER OF 753 NO. D.N. HIMATSINGHKA L.P. SCHOOL KOKRAJHAR-3 DIST. KOKRAJHAR ASSAM-783370. 31: DHANANJAY DUTTA S/O. LT. ANANTA DUTTA ASSTT. TEACHER OF KUMGURIL L.P. SCHOOL (FKM) VILL. PACHAGARH P.O. FAKIRAGRAM DIST. CHIRANG ASSAM-783372. 32: MISS ELORA MANDAL Page No.# 6/14 D/O. ARUN MANDAL ASSTT. TEACHER OF 526 NO. TOWN GIRLS L.P. SCHOOL KOKRAJHAR-3 DIST. KOKRAJHAR ASSAM-783370. 33: SUSHAMA ROY W/O. PRAFULLA KR. ROY ASSTT. TEACHER OF 422 NO. DOHELAPARA L.P. SCHOOL VILL. DOHELAPAR P.O. HALTUGAON DIST. KOKRAJHAR ASSAM-783370. 34: SUNIL KR. SILWAL ASSTT. TEACHER OF 645 NO. SANTIPUR L.P. SCHOOL P.O. AND VILL. SANTIPUR DIST. CHIRANG ASSAM-783372. 35: BINUBALA BRAHMA D/O. BHUBANESWA BRAHMA ASSTT. TEACHER OF 810 NO. DABLEGAON L.P. SCHOOL VILL. DIAJHIJIRI P.O. HALTUGAON DIST. CHIRANG ASSAM-783372. 36: PRATIVA NARJARY ASSTT. TEACHER OF 927 NO.ASHRAOBARI L.P. SCHOOL VILL. ASHRAOBARI P.O. RUNIKHATA DIST. CHIRANG ASSAM-783372. 37: SIKHA DUTTA D/O. LT. PRABHAT DUTTA ASSTT. TEACHER OF MONORAMA BILASINI L.P. SCHOOL KOKRAJHAR-3 DIST. KOKRAJHAR ASSAM-783372. 38: SAILENDRA SARKAR S/O. LT. KUMUK SARKAR ASSTT. TEACHER OF SILPAT L.P. SCHOOL VILL. KHATALPARA Page No.# 7/14 P.O. RANCHAIDHAM DIST. CHIRANG ASSAM-783370. 39: RAJU GOALA S/O. RAMJIT GOLA ASSTT. TEACHER OF CHANDRAPARA L.P. SCHOOL VILL. KADAMTOLA P.O. TITAGURI DIST. KOKRAJHAR ASSAM-783372. 40: SANDIP CHAKRABORTY S/O. KANAK CHAKRABORTY ASSTT. TEACHER OF 754 NO. BHABANIPUR L.P. SCHOOL KOKRAJHAR-5 DIST. KOKRAJHAR-783372. 41: JAMUNA RANI BASUMATARY W/O. SRI JANARAM MUSHAHARY ASSTT. TEACHER OF HALOADAL L.P. SCHOOL VILL. BASBARI P.O. HALAODAL DIST. KOKRAJHAR ASSAM-783372. 42: MRITUNJOY DEBNATH S/O. LT. ABINASH DEBNATH ASSTT. TEACHER OF 472 NO. SALAKATI L.P. SCHOOL VILL. SALAKATI DIST. KOKRAJHAR ASSAM-783372. 43: KAMALA BRAHMA W/O. MOTILAL BRAHMA ASSTT. TEACHER OF SAPKATA AMAR L.P. SCHOOL VILL. MALANDUBI P.O. DOTMA DIST. KOKRAJHAR ASSAM-783372. 44: DINESH BRAHMA S/O. SRI GIRIN BRAHMA ASSTT. TEACHER OF 31 NO. KHARGAON BASBARI L.P. SCHOOL VILL. BASBARI P.O. CHOROIKHOLA DIST. KOKRAJHAR ASSAM-783372. Page No.# 8/14 45: DAMAYANTI DAS ASSTT. TEACHER OF 2077 NO. AMGURI L.P. SCHOOL KOKRAJHAR-7 DIST. KOKRAJHAR ASSAM-783372. 46: NAMITA BRAHMA W/O. K. HAJORIKA ASSTT. TEACHER OF HALTUGAON L.P. SCHOOL KOKRAJHAR-5 DIST. KOKRAJHAR ASSAM-783372. 47: BASANTI MUCHAHARY ASSTT. TEACHER OF 197 NO. BATABARI L.P. SCHOOL VILL. BATABARI DIST. KOKRAJHAR ASSAM-783372. 48: DIPTI BISWAS W/O. SRI ASHUTOSH BISWAS ASSTT. TEACHER OF AMTOLI L.P. SCHOOL (CHITHILA) KOKRAJHAR DIST. KOKRAJHAR ASSAM-783372. 49: GAUTAM NANDI S/O. LT. KAUSHIK NANDI ASSTT. TEACHER OF 804 NO. RUPNATH BRAHMA VIDYAPITH KOKRAJHAR-1 L.P. SCHOOL DIST. KOKRAJHAR ASSAM-783372. 50: SABITA GAYARI ASSTT. TEACHER OF 192 NO. NARABARI L.P. SCHOOL VILL. NARABARI P.O. KOKRAJHAR DIST. KOKRAJHAR ASSAM-783372. 51: JYOTI BASUMATARY W/O. SRI TILESWAR BASUMATARY ASSTT. TEACHER OF 526 NO. TOWN GIRLS L.P. SCHOOL VILL. HATIMATHA P.O. KOKRAJHAR DIST. KOKRAJHAR Page No.# 9/14 ASSAM-783372. 52: DEEPA RANI BASUMATARY ASSTT. TEACHER OF KHASIMOTOLA L.P. SCHOOL VILL. KHASIMOTOLA DIST. KOKRAJHAR ASSAM-783372. 53: SUDIPTA DEBNATH S/O. SRI SUNIL DEBNATH ASSTT. TEACHER OF BHABANIPUR L.P. SCHOOL VILL. TENGAPARA P.O. KOKRAJHAR DIST. KOKRAJHAR ASSAM-783372. 54: BIMALA BORGOYARI W/O. DHANSWARANG BORGOYARI ASSTT. TEACHER OF 37 NO. SIMBARGAON L.P. SCHOOL P.O. AND VILL. SIMBARGAON DIST. KOKRAJHAR ASSAM-783372. 55: BHARATI BRAHMA ASSTT. TEACHER OF 902 O. PUNDIBARI L.P. SCHOOL VILL. PUNDIBARI DIST. KOKRAJHAR ASSAM-783372. 56: MINATI BASUMATARY W/O. SRI BIKRAM KOCH ASSTT. TEACHER OF 898 NO. MAGURMARI V.D.S.L.P. SCHOOL VILL. AND P.O. MAGURMARI DIST. CHIRANG ASSAM-783370. 57: KAKOLI (MAJUMDAR) LODH W/O. SANJIB LODH ASSTT. TEACHER OF 753 NO. D.N. HIMATSINGHKA L.P. SCHOOL KOKRAJHAR DIST. KOKRAJHAR ASSAM-783372. 58: SMT. SWAPNA DEVI D/O. BANIKANTA NATH ASSTT. TEACHER OF BHUTIAPARA L.P. SCHOOL VILL. BHUTIAPARA P.O. HALTUGAON Page No.# 10/14 DIST. KOKRAJHAR ASSAM-783372. 59: DHANANJAY NATH S/O. BANIKANTA NATH ASSTT. TEACHER OF NEW AMGURI L.P. SCHOOL BHUTIAPARA P.O. HALTUAON DIST. KOKRAJHAR ASSAM-783372. 60: AMAL KR NARZARY ASSTT. TEACHER OF 477 NO. PUB BATABARI L.P. SCHOOL DIST. KOKRAJHAR ASSAM-783372. 61: PRIYAM SEN S/O. LT. PRANAVANANDA SEN ASSTT. TEACHER OF VIVEKANANDA VIDYALAYA VILL. RAMKRISHNAPUR P.O. TITAGURI DIST. KOKRAJHAR ASSAM-783372. 62: SOUMITRA BHOWMICK S/O. SUSHIL KR. BHOWMICK ASSTT. TEACHER OF HAKAIPARA L.P. SCHOOL VILL. RAMKHISHNAPUR P.O. TATAGURI DIST. KOKRAJHAR ASSAM-783372. 63: BAPPA DEY S/O. SRI SUNIL DEY ASSTT. TEACHER OF SANTINAGAR PATSALA KOKRAJHAR-3 DIST. KOKRAJHAR ASSAM-783372. 64: NANDALAL CHOUHAN S/O. HIRALAL CHOUHAN ASSTT. TEACHER OF CHINA EKKA L.P. SCHOOL DIST. KOKRAJHAR ASSAM-783372. 65: BIJOY CHOUHAN Page No.# 11/14 S/O. HIRALAL CHOUHAN ASSTT. TEACHER OF RAMPRASAD CHOUHAN L.P. SCHOOL DIST. KOKRAJHAR ASSAM-783372. 66: KALYAN CHAKRABORTY S/O. NANIGOPAL CHAKRABORTY ASSTT. TEACHER CHINA EKKA L.P. SCHOOL KOKRAJHAR-2 DIST. KOKRAJHAR ASSAM-783372. 67: BHASKAR BHUSAN ROY S/O. LT. MOINDRA ROY ASSTT. TEACHER OF PACHIM CHECHAPANI L.P. SCHOOL DIST. KOKRAJHAR ASSAM-783372. 68: JOYDEB GHOSAL S/O. DURGADAS GHOSAL ASSTT. TEACHER OF 754 NO. BHABANIPUR L.P. SCHOOL KOKRAJHAR-3 DIST. KOKRAJHAR ASSAM-783372. 69: SAMIR BHOWAL S/O. SRI PRAYALAL BHOWAL ASSTT. TEACHER OF SANTINAGAR PATSALA KOKRAJHAR-2 DIST. KOKRAJHAR ASSAM-783372. 70: SRI KRISHNA DAS S/O. LT. BANAMALI DAS ASSTT. TEACHER OF 898 NO. MAGURMARI VDS L.P. SCHOOL KOKRAJHAR-2 DIST. KOKRAJHAR ASSAM-783372 VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF EDUCATION (ELEMENTARY), DISPUR, GUWAHATI-06, ASSAM-781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION (PLANNING) DEPTT. Page No.# 12/14 DISPUR GUWAHATI-06 ASSAM-781006. 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM FINANCE (EC-III) DEPTT. DISPUR GUWAHATI-06 ASSAM-781006. 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 ASSAM-781019. 5:THE DY. INSPECTOR OF SCHOOLS KOKRAJHAR ASSAM-783372. 6:THE DIRECTOR OF ELEMENTARY EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM-783372 Advocate for the Petitioner : MR. H K DAS Advocate for the Respondent : SC, EDU BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA Date : 13.12.2022 (R.M. Chhaya, CJ) ORDER Feeling aggrieved and dissatisfied by the judgment and order dated 03.04.2019, passed by the learned Single Judge in WP(C) 2227/2019, the original petitioners have preferred this appeal. Page No.# 13/14

2. Heard Mr. H. K. Das, learned counsel appearing for the appellants. Also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. N. J. Khataniar, learned Standing counsel, Education Department, Assam, and Mr. B. Choudhury, learned Standing counsel, BTC, appearing for the respondents.

3. The appellants herein are working as Assistant Teachers in various Lower Primary Schools in the district of Kokrajhar, Assam. As the record unfolds, they were initially appointed on honorary basis and, pursuant to the order dated 22.11.2002, passed by this Court in WP(C) 7123/2002, the services of the appellants came to be regularised as Assistant Teachers by the BTC authorities and they were posted in Lower Primary Schools. It is the case of the appellants that they were paid salary w.e.f. 23.12.2014, but no salary was paid to them for the period from 01.01.2005 to

22.12.2014 and hence they approached this Court by filing the aforesaid writ petition for release of their salary for the said period.

4. Various contentions were raised as such by both sides, which is evident from the record of this appeal. However, the learned Single Judge came to the conclusion that the writ petition was filed by the petitioners only on 19.03.2019, i.e. after four years three months from the date of receipt of their salaries and, that too, without any explanation for such delay. The learned Single Judge was of the opinion that no direction can be issued for release of such arrear salary beyond the period of three years prior to the filing of the claim. While coming to the conclusion, the learned Single Judge has relied upon the judgement of the Hon’ble Apex Court in Union of India and Others vs. Tarsem Singh, reported in (2008) 8 SCC 648 and the judgment of a Division Bench of this Court in the case of Harendra Chandra Nath and Others vs. State of Tripura and Others, reported in 2013 (2) GLT 1094. Accordingly, the learned Single Judge dismissed the writ petition on the ground that monetary claim in a writ petition can be made for the period of three years preceding the date of filing of the writ petition. Page No.# 14/14

5. Having heard the learned counsels for the parties and considering the various contentions, which were raised before the learned Single Judge, we find that the learned Single Judge has not considered the same and has dismissed the writ petition only on the ground that the claim is raised by the petitioners after a period of more than three years.

6. Mr. H. K. Das, learned counsel for the appellants as well as Mr. D. Saikia, learned Advocate General, Assam, have made attempts to raise further contentions before us which, in fact, are not dealt with by the learned Single Judge.

7. Considering the fact that the issue of entitlement of arrear salary, as prayed for by the appellants, could have been examined in detail and, further, considering the contentions raised before us, it is in the opinion of this Court, with respect, that the learned Single Judge has committed an error in dismissing the writ petition only on the ground of the claim having been raised after a period of three years. In totality of facts, therefore, while disagreeing with the observations made by the learned Single Judge, in the peculiar facts of this case, we deem it fit to quash and set aside the impugned judgment and order and remand the proceedings back to the learned Single Judge with the request to hear both the sides and decide the petition de novo in accordance with law, without in any manner being influenced by the observations made by the learned Single Judge, or the observations made by this Court in this order. As the matter is of the year 2019, the learned Single Judge is requested to give priority to the matter and dispose of the same as expeditiously as possible. The appeal is, thus, allowed to the aforesaid extent. However, there shall be no order as to costs. JUDGE CHIEF JUSTICE Comparing Assistant