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2025 DAILYLAW 12447 (GAU)

RAHILA KHATUN v. THE STATE OF ASSAM

I.A.(Civil)/1525/2025 · 2025-05-18

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010103082025 2025:GAU-AS:6207 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1525/2025 RAHILA KHATUN WIFE OF LATE WAHIDUR RAHMAN AGED ABOUT 47 YEARS, VILLAGE-- BOWALGURI, P.O. GOROIMARI B.O, P.S. LAHARIGHAT, DISTRICT- MORIGAON, ASSAM, PIN-782104 VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, KAHILIPARA, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781006 ASSAM. 3:THE INSPECTOR OF SCHOOLS MORIGAON DISTRICT.PIN-782114 ASSAM. 4:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT.PIN-782114.ASSAM. 5:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 ASSAM 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA Page No.# 2/3 PIN- 781301 ASSAM 7:THE BLOCK ELEMENTARY EDUCATION OFFICER KALGACHIA RUPSI DISTRICTBARPETA PIN- 781319 ASSAM Advocate for the Petitioner : MR. A DEKA, Advocate for the Respondent : SC, SEC. EDU., SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 19.05.2025 Heard Mr. A. Deka, learned counsel for the applicant as well as Ms. P. Das, learned Standing Counsel, Secondary Education Department, for the opposite party Nos. 1 to 4 and Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department, for the opposite party Nos. 5 to 7. By this application, the applicant, who is the wife of the writ petitioner in WP(C)/1664/2024 is praying for substitution of her name in place of the writ petitioner i.e. her husband on the ground that during pendency of WP(C)/1664/2024, the writ petitioner i.e. the husband of the applicant, expired on 24.02.2025. It is also the further case of the applicant that as the writ petition has been filed by her late husband to regularize the break of service, to pay the arrear salary and to pay the regular time scale of Headmaster, the cause of action still survives and accordingly, the applicant would like to pursue the said writ petition. Page No.# 3/3 Learned Standing Counsel, Elementary Education Department as well as Secondary Education Department has no objections. This Court has also perused the cause shown in the present application, particularly, at Paragraph – 5 and is satisfied. Accordingly, the prayer for substitution is allowed. JUDGE Comparing Assistant