Abdus Salem vs State Of Assam And 5 Ors

Heard Mr. R. Boro, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned counsel for the respondents No.1, 2, 3 and 4 being the

authorities under the Elementary Education Department of the Govt. of Assam, Mr. A. Chaliha, learned counsel for the respondents No. 5 and 6 being

the authorities under the Finance Department of the Govt. of Assam.

The service of the petitioner who was serving as an Arabic teacher in Goroimari Pam MEM in the Nagaon district was provincialised as per the

order dated 16.05.2013 of the Director of Elementary Education, Assam under the Assam Venture Educational Institutions (Provincialisation of

Services) Act, 2011 as amended in 2012 hereinafter referred as the Act of 2011.

The provision of the Act of 2011 makes it apparent that under the said Act it is a deemed provincialisation of the service w.e.f. 01.01.2013. The

name of the petitioner appears at Serial No.19 in respect of Goroimari Pam MEM in the Juria block of Nagaon district. The very fact when the name

of the petitioner appeared in the order dated 16.05.2013 it has to be understood that his service was provincialised w.e.f. 01.01.2013. When the

service of the petitioner stood pronvincialised w.e.f. 01.01.2013 it also has to be understood that under the law he has the legal right to receive the

salary and allowances from the said date.

The petitioner has instituted this petition on the grievance that the salary and allowances were not paid for the period 01.01.2013 upto 31.07.2013.

As has already been held, by virtue of deemed provincialisation of the service of the petitioner w.e.f. 01.01.2013 as depicted in the order dated

16.05.2013 of the Director of Elementary Education, we have to hold that the petitioner was entitled to the salary and allowances for the period

01.01.2013 to 31.07.2013. In this respect reference has also been made to the order dated 21.11.2019 of the Block Elementary Education Officer,

Juria block addressed to the District Elementary Education Officer, Nagaon requesting for an amount of Rs.1,16,322/- for payment of the arrear

salary of the teachers for the period w.e.f. 1.01.2013 to 31.07.2013. The said communication also reveals an admitted position of the respondents that

the provincialised teachers were entitled to their salary and allowances for the period.

We also take note that in the meantime, the petitioner had already retired from service on 31.07.2013. As his service was provincialised for the

period w.e.f. 01.01.2013 to 31.07.2013, we are of the view that a legal right had accrued to the petitioner to receive the salary and allowances for the

said period.

In view of such deprivation of the legal right of the petitioner, the respondents in the Elementary Education Department is directed to do the needful

and pay the salary and allowances of the petitioner for the period w.e.f. 01.01.2013 to 31.07.2013.

The requirement be done within a period of three months from the date of receipt of the certified copy of the order.

Writ petition stands allowed in the above terms.