Page No.# 1/4 GAHC010181442025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4714/2025 SRI PARTHA PRATIM PAUL S/O LT PARESH CHANDRA PAUL POST GRADUATE TEACHER KALIGANJ PUBLIC HIGHER SECONDARY SCHOOL SRIBHUMI ASSAM RESIDENT OF HOUSE NO 86, SAILASRI LANE, TARAPUR SHIBBARI ROAD, SILCHAR, DISTRICT CACHAR, ASSAM,PIN 788003 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM CIVIL SECRETARIAT, BLOCK C, DISPUR, GUWAHATI, ASSAM, PIN 781006 2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI ASSAM PIN 781019 3:THE INSPECTOR OF SCHOOLS SRIBHUMI DISTRICT CIRCLE KARIMGANJ DISTRICT SRIBHUMI ASSAM PIN 788710 4:THE PRINCIPAL KALIGANJ PUBLIC HIGHER SECONDARY SCHOOL SRIBHUMI ASSAM PIN 78872 Page No.# 2/4 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. S SUTRADHAR Advocate for the Respondent : SC, SEC. EDU., BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 20.08 .2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner and also heard Ms. P. Das, learned standing counsel for the respondents in Secondary Education Department. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities, particularly the Inspector of Schools, Karimganj District Circle (Sribhumi) and the Principal, Kaliganj Public H.S. School to allow the petitioner to resume his service as Post Graduate Teacher, in the subject of Economics, at Kaliganj Public H.S. School, Kaliganj, within a specific time period and also to issue direction to the respondent authorities to regularize the gap period of service. 3. Mr. Purkayastha, learned counsel for the petitioner submits that the petitioner was appointed as Post Graduate Teacher, by the Director of Secondary Education, Asssam, vide order dated 25.05.2023 and thereafter, vide order dated 09.06.2023, the respondent No.3 had provided him place of posting as Post Graduate Teacher, in Economics at Kaliganj Public Higher Secondary School in the district of Karimganj (Sribhumi). Mr. Purkayastha further submits that the petitioner, after joining his service, suffered from various medical and health issues, for which he had taken leave from service and he had to undergo various treatments. Then, after recovery from his ailments, he had submitted one representation dated 17.10.2024, to the respondent No.3, the Inspector of Schools, KDC, Karimganj (Sribhumi), for allowing him to resume his duty and also to grant extraordinary leave without salary for the period of his absence, but the same failed to evoke any response from the respondent authorities, and being aggrieved, the petitioner Page No.# 3/4 has approached this Court for issuing direction to the respondent No.3, to dispose of his representation dated 17.10.2024, in a time bound manner and also to regularize the period of his absence by granting extraordinary leave. 4. Ms. 4. Ms. Das, learned standing counsel for the respondent authorities, however, on instructions has opposed the petition on the ground that the petitioner had attended the school only on 15th June, 17th June, 20th June and 2nd August, 2023, after being appointed vide order, dated 09.06.2023, and that a show-cause notice was issued to the petitioner and attempt was also made to contact him over phone, but the petitioner did not respond and instead of sending his reply to the show-cause notice, he has send the prayer for leave to the Principal by post and under such circumstances, Ms. Das submits that the present petition is devoid of merit and accordingly, the same may be dismissed. 5. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record. 6. The basic facts here in this case are not in dispute. The petitioner was appointed vide order, dated 09.06.2023, and thereafter, he had joined on 15.06.2023, and he had attended his duty for some days, but thereafter, he could not attend the duty on account of various health issues. The medical documents, enclosed with the petition as Annexure- 5 series, also fortified the same. After his recovery from the ailments, he had also obtained a fitness certificate, which is enclosed with the petition as Annexure-6, at page No.43, and thereafter, he had filed the representation addressing the respondent No.3 on 17.10.2024, for allowing him to assume the duty. But, the said representation is yet to be disposed of even after elapse of several months. 7. It is well settled in the case of State of Punjab & Ors. v. M.S. Chawla & Ors., reported in (1997) 2 SCC 83, Hon’ble Supreme Court has held that the right to life guaranteed under Article 21 includes within its ambit the right to health and medical care. 8. In Consumer Education and Research Centre & Ors. v. Union of India & Ors., reported in (1995) 3 SCC 42, Hon’ble Supreme Court has held that social justice, Page No.# 4/4 which is a device to ensure life to be meaningful and livable with human dignity requires the state to provide to workmen facilities and opportunities to reach at least minimum standard of health, economic security and civilised living. The health and strength of worker, is an important facet of right to life. Denial thereof denudes the workmen of the finer facets of life violating Article 21. 9. Under the given facts and circumstances, this Court is inclined to dispose of this petition by directing the respondent No.3, the Inspector of Schools, KDC, Karimganj (Sribhumi) to dispose of the representation dated 17.10.2024, by a speaking order within a period of 2(two) weeks from the date of receipt of certified copy of this order, in accordance with Rules. It is further provided that the period of his absence may be regularized by granting extraordinary leave in accordance with the leave Rules. 10. In terms of above, this writ petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE