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2025 DAILYLAW 11178 (GAU)

JAKIR HUSSAIN BARBHUIYA v. THE STATE OF ASSAM AND ORS

WP(C)/2211/2025 · 2025-05-15

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010084212025 2025:GAU-AS:6096 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2211/2025 JAKIR HUSSAIN BARBHUIYA S/O- LATE MUFASSIL ALI BARBHUIYA, VILL AKHIRBONFD PART II, PO- LAKHIRBOND, PS HAILAKANDI, DIST- HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY SECY DEPTT OF SCHOOL EDUCATION, ASSAM, DISPUR, GHY- 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE FINANCE DEPTT (SIU) DISPUR GUWAHATI 6 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI ASSAM 5:THE DEPUTY INSPECTOR OF SCHOOLS HAILAKANDI ASSAM 6:THE BLOCK ELEMENTARY EDUCATION OFFICER HAILAKANDI ASSAM 7:THE HEAD MASTER 539 BANDUKMARA LOWER PRIMARY SCHOOL PO RANGAUTI PS HAILAKANDI DIST HAILAKANDI ASSAM PIN 78815 Advocate for the Petitioner : MR. K MIRA, MR. H A TALUKDAR Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 16.05.2025 Heard Mr. K. Mira, learned counsel for the petitioner. Also heard Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department, for the respondent Nos. 1, 2, 4, 5 & 6 and Ms. R. M. Baruah, learned Standing Counsel, Finance Department, for the respondent No. 3. 2. The petitioner was accommodated as a Tutor in L.P./U.P. School on purely temporary basis in the fixed wages @ Rs.10,800/- per month under the Deputy Inspector of Schools/District Elementary Education Officer, concerned of Hailakandi District w.e.f. 01.11.2020 by an Order dated 23rd September, 2022 issued by the Director, Elementary Education, Assam. By the said Order dated 23.09.2022, the petitioner was posted at 539 No. Bandukmara L.P. School. It is the case of the petitioner that from date of accommodation as Tutor, he has not been paid the fixed wages @ Rs. 10,800/- per month till date. 3. Being aggrieved, the petitioner along with a similarly situated person made a representation before the Secretary, Education Department (Elementary), Govt. of Assam, on 05.02.2025. However, till date the said representation is yet to be considered. 4. After hearing the learned counsel for the parties, this writ petition is disposed of directing the petitioner to file a fresh representation annexing all relevant documents before the Director of Elementary Education, Assam, within a period of 1 (one) week from today. Thereafter, the Director of Elementary Page No.# 3/3 Education, Assam on receipt of the representation made by the petitioner shall consider the said representation and dispose of the same in accordance with law within a period of 1 (one) month. 5. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant