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2025 DAILYLAW 13524 (GAU)

MRS REETA DAS ALIAS REETA DAS HAZARIKA v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/3021/2025 · 2025-06-03

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010118532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3021/2025 MRS REETA DAS ALIAS REETA DAS HAZARIKA W/O-SRI JAYANTA HAZARIKA,R/O-SOUTH SARANIA, GANDHI MANDAP ROAD, P.O.- ULUBARI, GUWAHATI-781007, KAMRUP (METRO) DISTRICT, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI-781006,ASSAM. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (HIGHER) DEPARTMENT DISPUR GUWAHATI-781006 ASSAM. 3:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 ASSAM 4:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029 5:THE HANDIQUE GIRLS COLLEGE REPRESENTED BY THE PRINCIPAL AND SECRETARY OF THE GOVERNING Page No.# 2/3 BODY PAN BAZAR GUWAHATI-781001 KAMRUP (M) ASSAM. 6:THE PRINCIPAL THE HANDIQUE GIRLS COLLEGE PAN BAZAR GUWAHATI-781001 KAMRUP (M) ASSAM Advocate for the Petitioner : MR S KHOUND, MS. S. SAIKIA,MS. N BORAH Advocate for the Respondent : SC, HIGHER EDU, SC, AG BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 04-06-2025 Heard Shri S. Khound, learned counsel for the petitioner. It is the case of the petitioner that she was the senior most Senior Assistant of the Handique Girls College, Guwahati and was holding the charge of Head Assistant. The petitioner had superannuated on 31.05.2025 and the present case is with a claim of giving her the service benefits of the Head Assistant and in this regard Rule 114 of the Assam Services Pension Rules 1969 has been referred to. In the prayer portion however, there is another aspect regarding a claim for retrospective promotion. Also heard Shri D. Upamanyu, learned Standing Counsel of the Department. However, what intrigues this Court is that this writ petition was filed on 30.05.2025 for a cause of action which might have arisen on 31.05.2025. It Page No.# 3/3 appears from the petition that on 29.05.2025, a representation was submitted by the petitioner to the Director of Higher Education and immediately on the next date, i.e. 30.05.2025, the instant petition has been filed. Such attitude on the part of the petitioner to rush to the Court even without giving the authorities a scope for redressal of grievance if any, is highly deprecated as it leads to unnecessarily increasing the pendency of Court cases. Accordingly, this writ petition is dismissed with a cost of Rs.10,000/- (Rupees Ten Thousand) only which is to be deposited in the name of Gauhati High Court Bar Association Welfare Fund. Liberty is however given to approach the Court at an appropriate time, if the grievances are not redressed in the hands of the authorities. JUDGE Comparing Assistant