WP(C) 3091/2009 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. BD Goswami, learned counsel for the petitioner and Mr. MK Misra, learn ed Standing Counsel, Education Department as well as Mr. B. Choudhury, learned S tanding Counsel for the Finance Department, Assam. The pleaded case of the petitioner interalia is that while serving as Assistant Teacher in Hoonlal Higher Secondary School, Doom-Dooma, he was put under suspens ion on 29/7/03 which was later on revoked vide order dated 25/8/05 by the Direct or of Secondary Education, Assam and the charges levelled against the petitioner was dropped for want of material evidence. For the period spent by the petitioner under suspension, he is entitled go get a n amount of Rs.88,684/- as calculated by the school authority and confirmed by t he Inspector of Schools, Tinsukia. But the same has not been made available to the petitioner, hence, this writ petition. Although, this petition is pending before this Court since 29/7/09 and on number s of occasions opportunity was granted to the respondents to file their counter and/or to furnish necessary instruction as regards the claim of the petitioner, no such material instruction is forthcoming till date from the end of the respon dents. Vide communication dated 2/3/10, the Deputy Secretary to the Govt. of Assam, Edu cation Department requested the learned Standing Counsel, Education Department t o extend time for further two weeks as the matter was put-up before the Finance Department for their concurrence. But today, when the matter is taken up, no fur ther instruction has been furnished before this Court. The communication dated 2/3/10 disclose that the claim of the petitioner has not been denied by the authority. That apart, the entitlement of the petitioner wa s also endorsed by the concerned Inspector of Schools who forwarded the same wit h necessary recommendation to the Director, Secondary Education, Assam way back on 1/2/08. Mr. Goswami, learned counsel for the petitioner submits that the petitioner is i n dire need of financial assistance inasmuch as his wife having been diagnosed w ith the dreaded disease of cancer undergoing treatment in Christian Medical Coll ege Hospital in Vellore. In view of the aforesaid facts and circumstances of the case in its entirety, th e matter is take upon for final disposal with the following directions today its elf. The concerned respondent authorities shall, forthwith, pay the arrear salary of the petitioner amounting to Rs.88,684/-. It shall be the responsibility of the C ommissioner and Secretary, Education Department, Govt. of Assam as well as the D irector, Secondary Education, Assam, to make the said payment to the petitioner . The Finance Department, although not made a party in this proceedings, is als o directed to record necessary sanction to the aforesaid amount, if so necessary , so that arrear salary in question as indicated above, is paid to the petitione r. The respondent authorities are directed to complete the process of making su ch payment to the petitioner as early as possible and at any rate not later than 15(fifteen) days from today. With the aforesaid observations and directions, this writ petition is finally di sposed of.