Page No.# 1/6 GAHC010207312023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5493/2023 NILOY DUTTA S/O- LT. NABAJIBAN DUTTA, R/O- ITKHOLA, P.W.D. BYE LANE, SILCHAR-1 P.O./P.S.- SILCHAR, DISTRICT- CACHAR, ASSAM, PIN NO- 788001 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF EDUCATION (SECONDARY) GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-06 2:THE PRINCIPAL SECRETARY FINANCE DEPARTMENT DISPUR GUWAHATI-6 DISTRICT- KAMRUP ASSAM 3:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 DISTRICT- KAMRUP ASSAM 4:INSPECTOR OF SCHOOL CDC SILCHAR DIST.- CACHAR 5:THE PRINCIPAL RCBP H.S. SCHOOL Page No.# 2/6 JOYPUR RAJABAZAR P.O.- JOYPUR RAJABAZAR DISTRICT- CACHAR ASSAM Advocate for the Petitioner : MS N SAIKIA, MRS. R MAHANTA Advocate for the Respondent : SC, SEC. EDU., MR. JUNM LASKAR (R-5),MS. J GHOSH(R- 5),SC, FINANCE DEPTT. BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 13.05.2026 Heard Ms. N. Saikia, learned Counsel for the petitioner assisted by Mr. N.Z. Rahman, learned Counsel, Mr. R. Mazumdar, learned Counsel for the respondent no.5 as well as Ms. H. Terangi, learned Standing Counsel for Secondary Education Department. By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for regularization of her leave period as well as to release the arrear salary and the yearly increments with effect from 01.11.2006 to 03.09.2012 and also for expunging the adverse remark made in the service book. The case of the petitioner is that he was appointed as a Subject Teacher in Mathematics in R.C.B.P Higher Secondary School, Rajabazar on 08.11.1994 and his services was regularized vide order dated 30.08.2001 with effect from 08.11.1994. Thereafter, the petitioner states that during his service career, he was treated for his heart ailment and that he applied for leave by a number of applications. The first one was for the period from 15.03.2006 to 18.04.2006 Page No.# 3/6 and the same was regularized vide order dated 03.06.2008, thereafter, another leave application was allowed for a period of 80 days with effect from 01.03.2006 to 14.03.2006 (14 days) then 19.04.2006 to 23.06.2006 ( 66 days) and 24.06.2006 to 30.06.2006 which was again regularized by the authorities. However, thereafter the petitioner stated that he had applied for leave on various dates starting from 01.11.2006 to 03.09.2012 but the said period was not regularized by the authorities on the ground that no application was submitted for his leave. The learned Counsel for the petitioner, however, submits by showing the necessary documents that the petitioner initially had undergone treatment in the Silchar Medical College and Hospital, Silchar and was admitted in the said hospital on 01.03.2006 and was discharged on 09.03.2006 and ,thereafter, he was again admitted in Christian Medical College, Vellore on 27.03.2006 and was discharged on 12.04.2006 for his heart ailment. She has also placed that the petitioner was constantly under medical treatment thereafter. It is also stated that petitioner had made applications before the Inspector of Schools praying for leave on various date i.e. 06.11.2007, the petitioner had made an application before the Director of Secondary Education for extending his leave on medical ground from 01.08.2007 to 31.10.2007 i.e. for a period of three months. Likewise, the petitioner had made applications before the same authority and also by subsequent letters, the petitioner had prayed for extension of his leave even for the year 2008, 2009, 2010, 2011 and 2012. The subsequent application for extension of leave was for a period of one month with effect from 01.08.2012 to 31.08.2012 and the last being a prayer made on 19.09.2012 for leave period for three days with effect from 01.09.2012 to 03.09.2012. It is stated by the learned Counsel for the petitioner that the leave from 01.03.2006 Page No.# 4/6 till 30.06.2006 was regularized by the concerned authorities and that only the leave period from 01.11.2006 to 03.09.2012 was not regularized and the prayer was made before the Director of Secondary Education to regularize the said leave since applications for the leave was presented before the authority. It is stated that the petitioner had submitted a number of representations for regularizing the leave period as well as for his arrear salary and the yearly increment during the said period from 2006 to 2012 and his case was also forwarded by the Inspector of Schools to the Director of Secondary Education. As such, the learned Counsel for the petitioner submits that the said leave period may be regularized and the yearly increments should be allowed to the petitioner during that period. It is also seen that the petitioner was pursuing the authorities to grant sick leave on the ground that he is unable to attend to his duties due to his illness. The learned Counsel for the petitioner to substantiate her argument has placed judgment of the Hon'ble Supreme Court in Radhey Shyam Yadav and Anr. Vs. The State of U.P. reported in 2024 INSC (7) wherein the Hon'ble Apex Court had allowed the claim of the appellant and direction was given to comply with the same within a time limit. On the other hand, the learned Counsel for respondent no.5 submits that the initial leave period was regularized, however, the later leave period could not be regularized in absence of some of the applications made for the same. He submits that the Inspector of Schools have forwarded all the applications submitted by the petitioner to the Director of Secondary Education and it is left to the Secondary Education to take a decision. Ms. H. Terangpi, learned Standing Counsel for Secondary Education submits that applications for leave were not received by the authorities and as such, the Page No.# 5/6 said leave period from 01.11.2006 to 03.09.2012 could not be regularized and the petitioner was absent during the said period and taking that as an unauthorized absence, the leave was not regularized and the financial benefit was also not allowed to the petitioner. She submitted that the leave applications of the petitioner on medical grounds were not presented in proper format and were not supported by medical documents. It is seen from the records that the petitioner had made applications for leave during the said period not only for the period for which the authorities have regularized the said leave but also for the period from 01.11.2006 to 03.09.2012. It is also seen in the records that petitioner was admitted in various hospitals and he was treated for his heart ailment for a long period of time and he could not appear in his services because of the same. It is as such directed that the petitioner would submit a fresh representation before the Inspector of Schools by annexing the leave applications made during the said period which although had been done but for fresh consideration, the petitioner may submit it again and the Inspector of Schools will again forward the same to the Director of Secondary Education for its consideration. As such, it is in fitness of the things that the competent authority should regularize the leave period if satisfied along with the medical certificates. Further, the authorities should consider the applications even if they are not in proper format as stated in the affidavit for justice. The competent authority should consider the representation within a period of one month from the date of receipt of this order. It is further directed that the petitioner being a sick person would be difficult for him to come down to Guwahati and submit the representation and as such, it is directed that one of Page No.# 6/6 his representative would do the needful exercise. It is also directed that the authorities concerned would also consider the resultant adverse remarks made in the service book Petition is disposed of. JUDGE Comparing Assistant