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2025 DAILYLAW 12078 (GAU)

HEMA KANTI DAS AND ORS v. THE STATE OF ASSAM AND ORS

WP(C)/2541/2025 · 2025-05-15

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010097402025 2025:GAU-AS:6097 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2541/2025 HEMA KANTI DAS AND ORS WIFE OF PILSING DAS, RESIDENT OF -LAOKHUWA ROAD, ALOK NAGAR, NEAR STATFED, NORTH HAIBORGAON POST OFFICE-HAIBORGAON DISTRICT- NAGAON, ASSAM PIN-782002 2: JUMONI MAHANTA C/O-INDRA NARAYAN MAHANTA RESIDENT OF -178 PS ROAD NEW LOVERS AMULAPATTY POST OFFICE-AMULAPATTY DISTRICT- NAGAON ASSAM PIN-782003 3: RAJIBANANDA BHATTACHARYYA SON OF LATE BIBEKANANDA BHATTACHARYYA RESIDENT OF-NANDI NATH BARUA PATH NEAR NAGAON NATYA MANDIR POST OFFICE-NAGAON ROAD DISTRICT- NAGAON ASSAM PIN-78200 VERSUS THE STATE OF ASSAM AND ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL (SECONDARY) EDUCATION, DISPUR, GUWAHATI06 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE Page No.# 2/4 NAGAON 4:GITANJALI SAIKIA POST GRADUATE TEACHER NAGAON GOVT. GIRLS H.S. SCHOOL NAGAON ASSAM 78200 Advocate for the Petitioner : MR. A R BHUYAN, MR N A MAZARBHUIYA,MR D J BORO Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 16.05.2025 Heard Mr. A. R. Bhuyan, learned counsel for the petitioners. Also heard Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1, 2 & 3. 2. The 3 (three) writ petitioners before this Court claims that they have been working as Teachers in Nagaon Government Girls’ Higher Secondary School since the year 1992, 1993 & 1995 respectively. The respondent No. 4, joined the said School on 22.11.1999. 3. The grievance of the petitioners before this Court is that on the eve of retirement of the incumbent Principal of the said Nagaon Government Girls’ Higher Secondary School on 30.01.2025, the respondent No. 2/Director of Secondary Education, Assam issued an Order on 30.01.2025 allowing the respondent No. 4 to act as Principal-in-Charge of Nagaon Government Girls’ Higher Secondary School, District Nagaon along with financial power to draw Page No.# 3/4 and disburse salary etc. of the staff of the School in additional to her normal duties as Post Graduate Teacher. The further case of the petitioner is that in the cadre wise seniority list of Graduate Teachers and Post Graduate Teachers issued by the Principal of the Nagaon Government Girls’ Higher Secondary School, the names of the petitioner Nos. 1, 2 & 3 appear at Serial Nos. 1, 2 & 3 in the said seniority list and the name of the respondent No. 4 appears at Serial No. 5 and therefore, the senior most Graduate Teacher should have been allowed to act as Principal-in-Charge of the said Nagaon Government Girls’ Higher Secondary School. 4. Being aggrieved, the petitioners made a joint representation before the Director of Secondary Education, Assam, on 01.02.2025 which is yet to be disposed of till date. 5. Learned counsel for the petitioners submits that the petitioners would be satisfied if a direction is issued to the Director of Secondary Education, Assam/Respondent No. 2 to consider and dispose of the representation dated 01.02.2025 within a specific period of time. 6. After hearing the learned counsel for the parties, this writ petition is disposed of directing the respondent No. 2 to consider the joint representation made by the petitioners on 01.02.2025 and dispose of the same by a speaking order and in accordance with law. While considering the representation, the petitioner Nos. 1, 2 & 3 along with respondent No. 4 shall be given an opportunity of hearing. Let such exercise be taken and completed within a period of 1 (one) month from the date of receipt of a copy of this Court’s Order. Page No.# 4/4 7. The petitioners are also permitted to furnish a certified copy of this Court’s Order along with a copy of this writ petition before the respondent No. 2 within a period of 1 (one) week from today. 8. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant