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2025 DAILYLAW 19749 (GAU)

AHMED HUSSAIN MAJUMDER v. THE STATE OF ASSAM AND 5 ORS

I.A.(Civil)/3648/2024 · 2025-03-25

Soumitra Saikia

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Judgment text

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Page No.# 1/3 GAHC010136382024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3648/2024 AHMED HUSSAIN MAJUMDER S/O LATE ABBAS ALI MAZUMDER R/O VILL- BILPAR DHUMKAR P.O.-RANGAUTI P.S.-HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788155 VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI-781006 2:JOINT SECRETARY TO THE GOVERMENT OF ASSAM TRANSPORT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI-781006 3:COMMISSIONER OF TRANSPORT ASSAM PARIBAHAN BHAWAN JAWAHAR NAGAR KHANAPARA GUWAHATI-781022 Page No.# 2/3 4:COMMISSIONER AND SECRETARY TO THE GOVERNOR OF ASSAM RAJ BHAVAN ASSAM KHARGULI HILLS UZANBAZAR GUWAHATI-781001 5:DISTRICT TRANSPORT OFFICER KARIMGANJ STREAMER GHAT ROAD KARIMGANJ ASSAM-788710 6:DISTRICT TRANSPORT OFFICER HAILAKANDI MISSION ROAD HAILAKANDI ASSAM PIN-788152 ------------ Advocate for : MR A R BHUYAN Advocate for : SC TRANSPORT DEPARTMENT ASSAM appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 26.03.2025 Heard Mr. A.R. Bhuyan, learned counsel appears for the applicant. Also heard Mr. R.B. Goswami, learned counsel appearing on behalf of Ms. M.D. Bora, learned Standing Counsel, Transport Department. By the said Interlocutory Application, the following prayers are made :- (1) Direct/Command the respondents particularly respondent no. 3 to grant earned leave to the applicant from 28.06.2024 as prayed by the applicant; and (2) Direct/Command the respondents to release monthly salary for the period of earned leave, which is due to the applicant. Page No.# 3/3 Mr. R.B. Goswami, learned counsel appearing on behalf of Ms. M.D. Bora, learned Standing Counsel, Transport Department submits that a copy of the order dated 25.03.2025 was issued by the Joint Commissioner of Transport, Assam, Guwahati. By the said order, the petitioner has been sanctioned the Earned Leave for the period of 90 days w.e.f. 28.06.2024 to 27.09.2024 on medical ground. The learned counsel for the respondent however, submits that the claim of the petitioner with regard to his monthly salary for the period of Earned Leave is under process. He prays for further time to complete his instructions in this matter. Since the pleadings have already been completed in the WP(C)/3484/2024 and the prayer made in the I.A. for sanction of Earned Leave has been redressed, the prayer for a direction for release of his monthly salary for the period of Earned Leave will be taken up at the time of hearing of the writ petition. The I.A. accordingly disposed of. JUDGE Comparing Assistant