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2025 DAILYLAW 18135 (GAU)

HARESWAR BASUMATARY v. THE STATE OF ASSAM AND 3 ORS

I.A.(Civil)/2898/2024 · 2025-02-09

Robin Phukan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010188672024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2898/2024 HARESWAR BASUMATARY S/O- LATE PURNESWAR BASUMATARY, R/O- VILLAGE- RANGAJAN, P.O- SONAPUR, GAHPUR, SONITPUR, ASSAM, PIN-784168 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHEMAJI ASSAM 4:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA GUWAHAT Advocate for the Petitioner : MR. S K GHOSH, MS F AHMED Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 10.02.2025 Heard Mr. S.K. Ghosh, learned counsel for the applicant. Also heard Ms. S. Chutia, learned Standing counsel for the respondent Nos. 1, 2 and 3 and Mr. D. Bhattacharya, learned Standing counsel for the respondent No. 4. 2. Mr. Ghosh, learned counsel for the applicant submits that today Ms. Chutia, learned Standing counsel for the respondent Nos. 1, 2 and 3 has produced a letter dated 06.02.2025, from the Director of Elementary Education, Assam to the Secretary to the Government of Assam, Department of School Education, asking the Secretary for sending provisional pension proposal in respect of Sri Hareswar Basumatary/the applicant herein and that on the basis of the aforementioned letter, this interlocutory application may be disposed of by directing the respondent authorities to release the provisional pension of the petitioner within a period of one month from today. 3. Ms. Chutia, learned Standing counsel for the respondent Nos. 1, 2 and 3 also submits with the above direction, this interlocutory application may be disposed of. 4. Accordingly, taking note of the submissions of learned Advocates of both sides and also the letter dated 06.02.2025, and as agreed upon, this Court is inclined to disposed of this interlocutory application by directing the respondent authorities to release the provisional pension of the applicant within a period of one month from the date of receipt of certified copy of this order. 5. The copy of the letter dated 06.02.2025, produced before this Court shall Page No.# 3/3 be part of the record. 6. Mr. Ghosh, learned counsel for the applicant shall furnish a copy of the interlocutory application as well as the connected writ petition to Mr. Bhattacharya, learned Standing counsel for the respondent No. 4, during the course of the day. 7. A copy of the letter dated 06.02.2025 and a copy of this order also be furnished to Mr. Bhattacharya, learned Standing counsel for the respondent No. 4. 8. In terms of above, this interlocutory application stands disposed of. JUDGE Comparing Assistant