Page No.# 1/6 GAHC010153382024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3906/2024 DILIP KUMAR SARMAH S/O- LATE CHENI RAM SARMAH, R/O- VILL.- MAJULI GOAN, P.S. AND DIST. GOLAGHAT, ASSAM, PIN- 785621. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, IN THE DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY), DISPUR, GUWAHATI-6. 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DEPUTY INSPECTOR OF SCHOOLS GOLAGHAT DIST. GOLAGHAT ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOLAGHAT DIST. GOLAGHAT ASSAM 5:THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT ASSAM DISPUR GUWAHATI-06. Page No.# 2/6 6:THE SUPERINTENDENT OF CENTRAL JAIL LAKHRA GUWAHATI DISTRICT-KAMRUP (M) ASSAM Advocate for the Petitioner : MR R DHAR, MS.TWINKLE SARMA,MR S PARASHAR Advocate for the Respondent : SC, ELEM. EDU, Linked Case : WP(C)/4006/2024 DILIP KUMAR SARMAH SON OF LATE CHENIRAM SARMAH RESIDENT OF VILLAGE MAJULI GAON P.S. GOLAGHAT DIST- GOLAGHAT ASSAM PIN- 785621 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY) DISPUR GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 4:THE DEPUTY INSPECTOR OF SCHOOLS GOLAGHAT DISTRICT CIRCLE Page No.# 3/6 GOLAGHAT ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOLAGHAT ASSAM ------------ Advocate for : MR R DHAR Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : I.A.(Civil)/3644/2024 DILIP KUMAR SARMAH S/O- LATE CHENI RAM SARMAH R/O- VILL.- MAJULI GOAN P.S. AND DIST. GOLAGHAT ASSAM PIN- 785621. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM IN THE DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY) DISPUR GUWAHATI-6. 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 4:THE DEPUTY INSPECTOR OF SCHOOLS GOLAGHAT DIST. GOLAGHAT ASSAM Page No.# 4/6 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOLAGHAT DIST. GOLAGHAT ASSAM ------------ Advocate for : MR R DHAR Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : I.A.(Civil)/3883/2024 DILIP KUMAR SARMAH S/O- LATE CHENI RAM SARMAH R/O- VILL.- MAJULI GOAN P.S. AND DIST. GOLAGHAT ASSAM PIN- 785621. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM IN THE DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY) DISPUR GUWAHATI-6. 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DEPUTY INSPECTOR OF SCHOOLS GOLAGHAT DIST. GOLAGHAT ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOLAGHAT DIST. GOLAGHAT ASSAM 5:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX Page No.# 5/6 DISPUR GUWAHATI-6 6:THE SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR ASSAM DISPUR GUWAHATI-6 7:THE SUPERINTENDENT OF CENTRAL JAIL LAKHRA GUWAHATI DISTRICT KAMRUP METRO ASSAM ------------ Advocate for : MR R DHAR Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND ORS BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 18.07.2025 Heard Mr. R. Dhar, learned counsel appearing for the petitioner as well as Mr. P.K. Borah, learned Standing Counsel, Elementary Education Department. Mr. P.K. Borah, learned Standing Counsel, Elementary Education Department submits that as per the instructions received by him, the petitioner is only entitled to a sum of Rs.83,041/- as subsistence allowance. As for the period w.e.f 07.03.2007, till his superannuation, the same is treated as un- authorized absence and therefore, the petitioner will not be entitled to any financial benefit including pensionery benefits. Page No.# 6/6 Mr. R. Dhar, learned counsel appearing for the petitioner submits that although this Court have directed that Superintendent of Central Jail, Lakhra should permit the petitioner to sign/fill up the KYC form in order to enable the petitioner to update his bank account but the said authority apart from allowing filling up of the KYC from has not allowed the petitioner to update the Bank Passbook and to change his nominee. Considering the direction already issued on 02.05.2025, it is made clear that the Superintendent of Central Jail, Lakhra shall allow the petitioner to give a signature or fill up forms as may be required in respect of his bank accounts and/or other official documents. Mr. B. Deori, learned Government Advocate appears for the respondent nos.5 and 6 and he shall take steps to ensure that the Superintendent of the Jail concerned shall comply with the Courts direction as stated herein above. List this matter again in the admission column, on a date to be fixed by the Registry. JUDGE Comparing Assistant