WP(C)/8853/2018 of AMRIT RANJAN NATH Vs THE STATE OF ASSAM AND 2 ORS on 21 December 2018

ORDER

Heard Mr. P Nayak, learned counsel for the petitioner. Also heard Mr. SP Bhattacharjee, learnedstanding counsel for the Elementary Education Department.

2. Considering the nature of the grievance raised in this writ petition and the order proposed to bepassed, we deem it appropriate that for the time being the respondent No.3 being the Principal ofDIET Nagaon need not be heard.

3. The petitioner, who is serving as an UDA in the DIET Samaguri at Nagaon was arrested by theTezpur police in connection with Tezpur PS Case No.115/2012 under Sections 468/47/419/420/409/34IPC. As the petitioner was in custody beyond the prescribed period of 48 hours, he was placed undersuspension as per the order dated 05.05.2012 of the Director of SCERT. Subsequently, as per theorder dated 18.11.2013 in WP(C)No.6628/2013, the petitioner was reinstated in service. Upon thepetitioner being reinstated, it is stated that no further proceeding had been initiated against him. Asregards payment of the balance amount of the salary to the petitioner for the suspended period, it isstated that approximately 50% of the same had already been paid to him.

4. This writ petition has been preferred on the grievance that the remaining balance amount i.e.approximately 50% of the salary for the suspended period is yet to be paid to the petitioner. As 50%of the balance salary had already been paid, we are of the view that there is already a decision of therespondent authorities that the petitioner is entitled to the payment of the whole of the balanceamount of the salary for the suspended period.

5. In view of the above and as agreed to by the learned counsel for the parties, this writ petition isdisposed of by directing the Director of SCERT to give a consideration to the claim of the petitioner asregards payment of the remaining balance amount of his salary for the suspended period and uponsuch consideration being given, pass a reasoned order thereon. In the event, the reasoned order sopassed goes in favour of the petitioner, the balance amount be released to the petitioner within aperiod of 3(three) months from the date of receipt of a certified copy of this order.

6. This writ petition, stands disposed of to the extent indicated hereinabove.

JUDGE

Comparing Assistant