WP(C) 1694/2011 BEFORE THE HON’BLE MR JUSTICE B. K. SHARMA Heard Mr. R. P. Sarmah, learned senior counsel assisted by Ms. R. Rangma i, learned counsel for the petitioner. Also heard Mr. N. Rajkhowa, learned Stand ing Counsel, Education Department and Mr. N. Pathak, learned counsel representin g the respondent No.4. The petitioner, who was appointed and working as Hindi teacher in Md. Ya sin Choudhury High School, Uttarkrishnapur, in the District of Cachar since 1994 (2.1.1995), has filed this writ petition claiming her share of financial assist ance provided by the Government. Her appointment was approved by the Annexure-3 order dated 17.1.97, passed by the Inspector of Schools, Cachar District Circle, Cachar. According to the petitioner, she had received Rs. 1000/- out of the fina ncial assistance of Rs. 1,29,000/- provided to the School for the year 2006-07. The petitioner has also stated that although the School received further financi al assistance of Rs. 1,50,000/- followed by Rs. 5,40,000/- for the years 2008-09 and 2010-2011, she has been illegally deprived of her share of the financial as sistance. According to Annexure-7 guidelines dated 11.2.2011 issued under the sign ature of Deputy Director, Secondary Education, Assam, in secondary Schools, the teachers are entitled to receive Rs. 5000/-. However, it is submitted by Mr. N. Rajkhowa, learned Standing Counsel, Education that for secondary schools, only o ne Hindi teacher is entitled to receive financial assistance and the petitioner being the 2nd Hindi teacher, is not entitled to receive any amount. Referring to the counter affidavit filed by the respondent No.2 i.e. the Director of Seconda ry Education, Assam, he submits that even the purported payment of Rs. 1000/- to the petitioner for the year 2006-07, is a disputed one. In the counter affidavit filed by the respondent No.4, representing the Managing Committee of the School, it has been stated that the petitioner was app ointed on temporary basis and that in terms of the said guidelines, she is not e ntitled to receive the financial assistance. A distinction is sought to be made between the 1st Hindi teacher and 2nd Hindi teacher. According to the said respo ndent, while the 1st Hindi teacher is entitled to receive assistance, the 2nd te acher i.e. the petitioner is not entitled to receive any amount. Mr. Sarmah, learned counsel for the petitioner submits that if any finan cial assistance is provided to the School, all the teachers in the School, more particularly, the teachers whose services were approved, cannot be deprived of t heir part of the salary. He further submits that at no point of time, the petiti oner was ever apprised that she is not entitled to receive any salary, she bein g the 2nd Hindi Teacher. Referring to the Annexure-7 guidelines referred to abov e, he submits that the petitioner is entitled to rece3ive Rs. 5000/- out of the financial assistance provided to the School. In so far as the col. In 3 classes High School / High Madrassa appeari ng in the said guideline, same refers to additional section under which there is provision for only one Senior Hindi Teacher. However, there is no indication as to what will be the position in respect of regular sections and also to those t eachers whose appointments have been approved by the competent authority. In view of the above, this writ petition is disposed of directing the Co mmissioner and Secretary to the Govt. of Assam in the Education (Secondary) Depa rtment to resolve the issue by taking into account all the relevant facts facili tating which the petitioner may make an appropriate representation to the said a uthority within 15 days from today, on receipt of which the said authority shall dispose of the same by a speaking order as expeditiously as possible but at any rate not later then 31.1.2012. Additionally, the petitioner may also furnish the copy of the writ petit ion and the counter affidavit filed by the official and the private respondents. If need be, parties may be given personal hearing. Let a copy of this order be furnished to Mr. N. Rajkhowa, learned Standi ng Counsel, Education Department. Writ petition stands disposed of, without however, any order as to costs .