Page No.# 1/3 GAHC010086442025 2025:GAU-AS:9321 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2411/2025 RAKIBUL ISLAM MAZUMDER S/O MOINA MIA MAZUMDER R/O ITKOLA R K PALLY PO AND PS MALUGRAM DIST CACHAR ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPTT OF ELEMENTARY EDUCATION ASSAM DISPUR GUWAHATI 19 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE DISTRICT COMMISSIONER CACHAR CACHAR 4:THE MISSION DIRECTOR SAMAGRA SIKHSA AXOM KAHILIPARA GUWAHATI 19 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACAHR CACHAR 6:THE BLOCK MISSION CO ORDINATOR SSA UDHARBOND CACHAR 7:THE DISTRICT MISSION CO ORDINATOR SSA CACHAR ASSAM 8:THE HEAD MASTER 286 CHALITA KANDI L P SCHOOL UDHARBOND CACHA Page No.# 2/3 Advocate for the Petitioner : MR M J QUADIR, MS S AHMED,MR. A K HANNAN Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, SSA BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 21.07.2025 Heard Mr. M.J. Quadir, learned counsel for the petitioner, Mr. P.K. Bora, learned Standing Counsel, Elementary Education Department for the respondent Nos. 1, 2 & 5, Mr. P. Naik, learned counsel for the respondent Nos. 4, 6 & 7 and Mr. B. Deori, learned Government Advocate for the respondent No.3. 2. Having regard to the nature of grievance projected by the petitioner, the present writ petition is taken up for disposal at this stage. 3. By filing this writ petition, the petitioner has sought for disposal of his appeal filed before the Secretary to the Government of Assam, Department of School Education. According to the petitioner, his contractual agreement dated 01.07.2020 was terminated and he was released from the post of Assistant Teacher of 286 No. Chalitakandi L.P School under Udarbond Education Block of Cachar district. 4. Mr. P. Naik, learned counsel for the respondent SSA submits that the petitioner’s appointment and termination is governed by the agreement made between the parties on 01.07.2020. Referring to Clause No.14 of the said agreement, the learned counsel submits that in case of termination from service, the appeal can be preferred before the senior most Secretary to the Government of Assam, Department of School Education. Page No.# 3/3 Further, under the SSA, the Assam Services (Discipline and Appeal) Rules, 1964 is not being followed. 5. Considering the submissions made by the learned counsel for the parties, the writ petition is disposed of by directing the Secretary to the Government of Assam, Department of School Education to consider the appeal filed by the petitioner both on maintainability as well as on its merit within a period of 06(six) weeks from the date of receipt of a certified copy of this order. The petitioner shall furnish the Secretary to the Government of Assam, Department of School Education a copy of the writ petition along with a certified copy of this order for doing the needful. 6. The writ petition stands disposed of. JUDGE Comparing Assistant