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2025 DAILYLAW 26216 (GAU)

THE STATE OF ASSAM AND 2 ORS. v. PURNIMA DEKA

Review.Pet./224/2025 · 2025-11-09

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010189482025 2025:GAU-AS:15228 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./224/2025 THE STATE OF ASSAM AND 2 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6 2: THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3: THE INSPECTOR OF SCHOOLS NALBARI NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN-781335 VERSUS PURNIMA DEKA ASSISTANT TEACHER, MUGDI MILAN H.S. SCHOOL, R/O. VILL.- GHORATHAL, P/O. MUGDI, DIST. NALBARI, ASSAM, PIN-781312 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. ASSAM ASSAM 3:THE TREASURY OFFICER BELSOR DIST. NALBARI ASSAM PIN-7813 Advocate for the Petitioner : MR. N J KHATANIAR, MS. D MUSAHARY Page No.# 2/4 Advocate for the Respondent : , Linked Case : WP(C)/1548/2023 PURNIMA DEKA ASSTT. TEACHER MUGDI MILAN H.S. SCHOOL R/O- VILL- GHORATHAL P.O. MUGDI DISTRICT- NALBARI ASSAM PIN- 781312 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. DISPUR GHY-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 4:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN- 781335 5:THE TREASURY OFFICER BELSOR DISTRICT- NALBARI ASSAM Page No.# 3/4 PIN- 781304 ------------ Advocate for the petitioner(s): Mr. NJ Khataniar Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 10.11.2025 This is an application seeking review of the judgment and order dated 20.03.2023 passed in WP(C)No.1548/2023 whereby this Court taking into account the judgment of the learned Division Bench of this Court dated 23.09.2022 passed in WA No.211/2019 directed the Director of Secondary Education, Assam to verify as to whether the petitioner/respondent herein was similarly situated with the appellant in WA No.211/2019 and if upon verification it was found that the petitioner/respondent herein was similarly situated, the Director of Secondary Education Assam was directed to take necessary steps to release the arrear salary of the petitioner/respondent herein for the period from 21.05.2012 to 18.01.2014. 2. This Court further directed that the said exercise be completed within 3(three) months from the date a certified copy of the order is Page No.# 4/4 served upon the Director of Secondary Education, Assam. 3. It has been submitted by Mr. NJ Khataniar, the learned counsel appearing on behalf of the State of Assam that the verification was carried out and it was found that the petitioner/respondent herein was similarly situated with the appellant in WA No.211/2019, but the petitioner/respondent herein had approached this Court after a long delay. 4. It is the opinion of this Court that the said ground was not taken up when the writ petition was decided by this Court and it is for the first time in order to deny the respondent herein the benefits of the order dated 20.03.2023 passed in WP(C)No.1548/2023, such a attempt is being made by filing the present review application. Apart from that the same cannot be construed as a ground permissible for exercise of the review jurisdiction. Additionally, it surprises this Court that after two years, the present review petition has been filed and apparently it appears to be an afterthought to deny the benefits to the respondent herein. 5. Accordingly, this Court rejects the present application. JUDGE Comparing Assistant