WP(C) 5884/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. G. Alam, learned Counsel for the petitioner and Mr. U. K. Goswami, learned Standing Counsel, Education Department. Also heard Ms. A. V erma, learned Standing Counsel, Finance Department, Government of Assam and Mr. D. Baruah, learned Counsel appearing for the Accountant General (A and E), Guwah ati. Having regard to the nature of the grievance expressed by the pe titioner and the relief prayed for, this petition is being disposed of at the mo tion stage without issuing formal notice. The petitioner claims that following a selection, he was duly appointed as the Assistant Teacher in the C.K.S. M.E. Sc hool, Golaghat, (hereafter referred to as the School). Subsequently his appointm ent was modified to be that of a Hindi Teacher of the same School vice one Shri Bidyadhar Doimary, the earlier incumbent who had been adjusted against a differe nt vacancy. The petitioner’s grievance is that inspite of the fact that he had b een rendering his services to the satisfaction of all concerned, his salary from the month of December, 2008 has been withheld, the reason assigned being wrong mention of the name of the incumbent in the post of Hindi Teacher of the School when the proposal for retention was forwarded to the appropriate authority of th e department. Mr. Alam while reiterating the above has drawn the attention of this Court to the letter dated 20/11/2009 of the District Elementary Education O fficer, Golaghat, (Annexure 6 to the writ petition) addressed to the Director of Elementary Education, Assam, contending that as the name of the petitioner now appears in the list of Hindi teachers whose posts are proposed to be retained, t he concerned departmental authorities need be directed to set right the unwarran ted anomaly acting as an impediment to the release of the petitioner’s dues as e ntitled in law from the month of December, 2008. Mr. Goswami submits that if the insertion of a wrong name is the only reason for the non-payment of the petitioner’s salary, there is no reason why appropriate steps to redress his grievances would not be taken, Mr. Baruah h as contended that his office would act in terms of the decision taken by the Edu cation Department, Government of Assam. Upon hearing the learned Counsel for the parties and on a consid eration of the pleaded facts more particularly the letter dated 20/11/2009 refer red to herein above, this Court considers it appropriate to close this proceedin g with a direction to the Director of Elementary Education, Assam, to examine th e issue and take an appropriate decision at the earliest. If the petitioner’s ap pointment is valid in law and he had been rendering his services as claimed by h im and further if the reason for not releasing his salary is the wrong name of t he incumbent in the post of Hindi Teacher of the School, the above mentioned aut hority would do the needful for the redressal of his grievance. This exercise sh ould be completed within a period of one month from the date of receipt of the c ertified copy of this order. The Director is left at liberty, if felt so necessa ry, to summon the petitioner and examine the records/documents at his disposal a s well in resolving the controversy. Needless to say, the decision so taken woul d be communicated forthwith to the office of the Accountant General (A and E), G uwahati for the needful. No costs.