Page No.# 1/4 GAHC010078912024 2025:GAU-AS:5010 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1177/2024 THE STATE OF ASSAM, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6. 2: THE DIRECTOR OF THE ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3: THE DISTRICT ELEMENTARY EDUCATION OFFICER DHEMAJI ASSAM PIN- 787057. 4: THE DEPUTY INSPECTOR OF SCHOOLS DHAKUAKHANA DIST. LAKHIMPUR ASSA VERSUS ABU TAHER AHMED SON OF LATE AINUDDIN AHMED, RESIDENT OF WARD NO. 1, NAKARI NAGAR, P.O. AND P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM, PIN- 787001. Advocate for the Petitioner : RAJESH MAZUMDAR, Advocate for the Respondent : MR DEBA SARMAH, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 25.04.2025 Heard Mr. R. Mazumdar, learned counsel for the applicants. Also heard Mr. P.J. Saikia, learned senior counsel assisted by Ms. M. Nirola, learned counsel for the sole opposite party/writ petitioner. 2. By this application, the applicants are praying for modification/alteration/vacation/recalling of the interim order dated 16.10.2023 passed by this Court in WP(C) No.2161/2023. 3. Mr. R. Mazumdar, learned Standing Counsel, Department of School Education submits that the opposite party/writ petitioner had filed WP(C) No.2161/2023 only after attaining the age of superannuation with a prayer for setting aside the suspension order dated 03.06.1995 and with a further prayer to p ay the subsistence allowance. It is submitted that the matter of suspension of the opposite party/writ petitioner had come to the knowledge of the Director of Elementary Education, Assam after only filing of the writ petition and accordingly a report was called for from the DEEO, Lakhimpur. In the report dated 09.06.2023, it is seen that the petitioner was suspended on 03.06.1995 and since then, no subsistence allowance has been paid to the petitioner. Further, the report indicates that the petitioner is a well known Medical Practitioner in a Homeopathic Clinic bearing Registration No.6428 and a Prescription to that effect has also been annexed in the said report. Further, by way of the interim order dated 16.10.2023, the relief sought by the opposite party/writ petitioner has already been granted and therefore on these grounds the applicants Page No.# 3/4 are praying for keeping in abeyance the order dated 16.10.2023, particularly with reference to the payment of the subsistence allowance to the petitioner. 4. Mr. P.J. Saikia, learned senior counsel appearing on behalf of the sole opposite party/writ petitioner submits that the report upon which reliance has been made by the applicants in the present interlocutory application has already been placed before this Court by filing affidavit in the main writ petition. Further, the interim order that was passed on 16.10.2023 was also passed in the presence of the learned Standing Counsel, Department of School Education, Assam. He therefore, submits that there is no reason to vacate or kept in abeyance the interim order dated 16.10.2023 at this stage. 5. This Court has considered the submissions made by the learned counsel for the parties. 6. There is no doubt that the respondents have placed the report dated 09.06.2023 by way of an affidavit in the main writ petition i.e. WP(C) No.2161/2023. However, considering the fact that the petitioner had already retired on 31.12.2022, prior to filing of the writ petition i.e. WP(C) No.2161/2023, this Court is of the considered opinion that the interim order dated 16.10.2023 passed in WP(C) No.2161/2023 requires to be kept in abeyance, particularly in so far as the direction is issued for payment of subsistence allowance to the petitioner. 7. Ordered accordingly. 8. It is also noticed that the WP(C) No.2161/2023 is ready for hearing inasmuch as the pleadings are complete. Page No.# 4/4 9. Accordingly, Registry is directed to list WP(C) No.2161/2023 before the appropriate Bench on 15.05.2025 in the admission column for final disposal. 10. Interlocutory application is disposed of. JUDGE Comparing Assistant