IKABAL AHMED MAZUMDER v. THE STATE OF ASSAM AND 3 ORS
WP(C)/5553/2024 · 2025-05-18
Nelson Sailo
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 19951 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19951 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010221162024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5553/2024 IKABAL AHMED MAZUMDER S/O- LATE ABDUL LATIF MAZUMDER, RESIDENT OF VILLAGE BARNAGAD, P.S.- ALGAPUR, P.O. KALIBARIBAZAR, DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY EDUCATION DEPARTMENT (ELEMENTARY) DISPUR, GUWAHATI-06 2:THE MISSION DIRECTOR AXOM SSA MISSION ASSAM KAHILIPARA GUWAHATI-19 3:DISTRICT MISSION COORDINATOR SSA MISSION HAILAKANDI 4:THE BLOCK ELEMENTARY EDUCATION OFFICER CUM BLOCK MISSION COORDINATOR SSA MISSION HAILAKAND Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : SC, ELEM. EDU, SC, SSA
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 19-05-2025 Heard Mr. F. Z. Mazumdar, learned counsel for the petitioner and Mr. S. Bora, learned Standing Counsel, SSA. Also heard Mr. P. N. Sarma, learned counsel for the respondent no. 1. 2. Having regard to the nature of controversy projected by the petitioner, the writ petition is taken up for disposal at this stage with the consent of the parties. 3. It is the case of the petitioner that he applied for leave without pay w.e.f. 09.12.2021 to 08.12.2022 and against his leave vacancy as Head Teacher of Jitarmukh Amar Pathsala (LP School), one Shri Kalyan Das was entrusted additional charge of Member Secretary of the said School vice the petitioner. However, the petitioner vide letter dated 05.05.2023 was informed that his application for leave without pay for 2 years has not been granted by the Mission Office and therefore, he was asked to join immediately. The petitioner then joined back on 17.07.2023 forenoon but however he has not been paid his salary. Aggrieved, the present petitioner before this Court. 4. The learned counsel for the petitioner at this stage submits that the limited prayer of this petition is that a communication was made by the Addl. Deputy Commissioner (Education)-cum-District Mission Coordinator to the Mission Director, SSA on 16.08.2023 (Annexure-G) wherein he sought for necessary
Page No.# 3/3 instruction with regard to the preparation of salary bill of the petitioner. The said communication has not been acted upon by the Mission Director till date and therefore the learned counsel submits that a direction may be issued to the said authority to consider and take an appropriate decision in the matter within a specified time frame. 5. Mr.
Bora, learned counsel, SSA does not have any objection to the said prayer. 6. In view of the above, with petition is disposed of with a direction to the Mission Director, SSA (respondent no. 2) to consider and take appropriate decision on the communication dated 16.08.2023 (Annexure G) made by the Addl. Deputy Commissioner (Education)-cum-District Mission Coordinator, Hailakandi as expeditiously as possible and at any rate within a period of 4 (four) weeks from the date of receipt of the certified copy of this order. JUDGE Comparing Assistant