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2025 DAILYLAW 28200 (GAU)

SHRI DEBI PRASAD ROY CHOUDHURY v. THE STATE OF ASSAM AND ORS

WP(C)/5711/2025 · 2025-11-05

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010217792025 2025:GAU-AS:14933 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5711/2025 SHRI DEBI PRASAD ROY CHOUDHURY S/O- LATE HARIPADA ROY CHOUDHURY . R/O- HOUSE NO 279 WARD NO 27 C/O H.N. MAZARBHUYA, KALIMOHAN ROAD (NEAR FAMILY COURT) P.O- TARAPUR P.S- SILCHAR DISTRICT- CACHAR ,ASSAM, PIN- 788003. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR INDIA CLUB ROAD P.O- SILCHAR PIN- 788001. 4:THE DEPUTY INSPECTOR OF SCHOOLS SILCHAR SHADARGUT ROAD. P.O -SILCHAR CACHAR PIN - 788001 Advocate for the Petitioner : MR R.CHANDA, K DUTTA,MR S CHOUDHURY Page No.# 2/3 Advocate for the Respondent : SC, EDU, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 06.11.2025 Heard Mr. K. Abhinava, learned counsel appearing on behalf of Mr. S. Choudhury, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned standing counsel for the respondents in the Elementary Education Department. Mr. Abhinava, learned counsel appearing on behalf of Mr. S. Choudhury, learned counsel for the petitioner submits that the grievance of the petitioner, being sought to be addressed in this petition, has already been addressed by the respondent authorities by reinstating the petitioner, vide order dated 04.11.2025, and as such, he submits that he may be allowed to withdraw this petition. However, he submits that the petitioner has not been granted the subsistence allowance during the period of suspension, though no such prayer is made in this petition. Mr. Borah, learned standing counsel for the respondents in the Elementary Education Department has produced the revocation of suspension order dated 04.11.2025, and submits that the petitioner has already been reinstated. As the petitioner has been reinstated, this petition becomes infructuous and accordingly, the same stands closed. However, in view of the submission of Mr. Abhinava, learned counsel appearing on behalf of Mr. S. Choudhury, learned counsel for the petitioner, in Page No.# 3/3 respect of not granting of the subsistence allowance by the respondent authorities during the period of suspension, it is provided that the petitioner shall file one representation before the respondent authorities, and in the event of such representation being filed, the respondent authorities shall grant the same as soon as practicable. In terms of above, this writ petition stands closed. The order dated 04.11.2025, produced by Mr. Borah, shall be marked as ‘X’ and tagged with the record. JUDGE Comparing Assistant