SABITA MAHANTA AND 4 ORS v. THE STATE OF ASSAM AND 3 ORS
Review.Pet./280/2025 · 2025-12-14
Nelson Sailo
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27901 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27901 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010255902025
2025:GAU-AS:17321
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./280/2025 SABITA MAHANTA AND 4 ORS DAUGHTER OF LATE DHARANI KANTA MAHANTA RESIDENT OF RAGHUNANDANPUR,VILLAGE BOITAMARI, DISTRICT BONGAIGAON, ASSAM, PIN NO.783389.
2: SIBU GHOSH SON OF DHIRENCHANDRA GHOSH RESIDENT OFVILLAGE BONGAIGAON BHAKARVITA WARD NO.7 P..BONGAIGAON DISTRICBONGAIGAON ASSAM PIN NO.783380.
3: ANUBRATA MALLICK SON OF LATERAMENDRA CHANDRA MALLICK RESIDENT OF VILLAGEABHAYAPURI TOWN WARD NO.3BASANTIPARA P.O.BONGAIGAON DISTRICT. BONGAIGAON ASSAM PIN NO.783384.
4: RUPEN KALITA SON OF PUREN KALITA RESIDENT OF VILLAGEABHAYAPURI WARD NO. 4 M.G.ROAD P.O. BONGAIGAON DISTRICT- BONGAIGAON. ASSAM PIN NO. 783384.
5: PARTHA PRATIM GHOSH SON OF LATENARESH CHANDRA GHOSH
Page No.# 2/3 RESIDENT OF VILLAGE- SALBAGAN GHOSHPARA WARDNO.10 P.O. BONGAIGAON DISTRICT BONGAIGAON ASSAM PIN NO. 783380 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THECOMMISSIONER SECRETARY TOTHE GOVERNMENT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR,GUWAHATI-6.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
3:THE DIRECTOR OF PENSION BANPHOOL NAGAR BASISTHPUR GUWAHATI PIN NO. 781006.
4:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MR. S K DAS, MR D BARMAN Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU,SC, FINANCE
BEFORE HONOURABLE MR. JUSTICE NELSON SAILO
ORDER Date : 15.12.2025
Heard Mr. S. K. Das, learned counsel for the petitioners and Ms. N. Phukan, learned Standing Counsel, Elementary Education Department.
Page No.# 3/3 [2.] Having regard to the grounds taken for review, the same is taken up for disposal at this stage. [3.] Out of the fifteen writ petitioners, five of the writ petitioners are before this Court in review and the sole ground taken for review is that Court had directed them to submit a representation before the Director of Elementary Education Department to consider their prayer for grant of benefits of the Old Pension Scheme. According to the learned counsel for the petitioners, since the School in which the review petitioners are working have already been amalgamated with the High School, they have been brought under the administrative control of the Secondary Education Department. Therefore, instead of filing the representation before the Director of Elementary Education Department, the petitioners should be allowed to file their representation before the Director of Secondary Education Department. [4.] In view of above, the review petition is disposed of by modifying the earlier
order dated 16.10.2025, passed in the writ petition to the extent that the instant five review petitioners shall file their representation in terms of the direction given vide order dated 16.10.2025, before the Director of Secondary Education Department, Govt. of Assam for consideration of the same in terms of the earlier direction. [5.] Accordingly, the Review Petition stands disposed of as allowed. JUDGE Comparing Assistant