MADHU SHUDHAN SARKAR v. THE ADDL CHIEF SECRETARY TO THE GOVT OF ASSAM, FINANCE DEPARTMENT AND 6 ORS
WP(C)/156/2024 · 2025-09-18
Anjan Moni Kalita
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 5433 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 5433 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010003722024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/156/2024 MADHU SHUDHAN SARKAR S/O SRI NARESH CHANDRA SARKAR, R/O VILL-NICHILAMARI, P.O.- MALIBARI BAZAR, P.S.-BOKO, DIST-KAMRUP, ASSAM, PIN-781136 VERSUS THE ADDL CHIEF SECRETARY TO THE GOVT OF ASSAM, FINANCE DEPARTMENT AND 6 ORS DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE (SIU) DEPARTMENT DISPUR GUWAHATI-6 ASSAM PIN-781006 3:THE SECRETARY DEPARTMENT OF SCHOOL EDUCATION GOVERNMENT OF ASSAM SECRETARIAT BLOCK C 3RD FLOOR DISPUR GUWAHATI-6 ASSAM PIN-781006 4:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19
Page No.# 2/4 PIN-781019 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP RURAL AMINGAON ASSAM PIN-781031 6:THE BLOCK ELEMENTARY EDUCATION OFFICER CHAMARIA BLOCK P.O.-CHAMARIA DIST-KAMRUP ASSAM PIN-781136 7:THE HEAD MASTER NICHILAMARI M.E. SCHOOL (SKS) VILL- NICHILAMARI P.S.-BOKO P.O.-MALIBARI BAZAR P.S.-BOKO DIST- KAMRUP ASSAM PIN-78113 Advocate for the Petitioner : MS. J PAUL, MS S BHOWMICK Advocate for the Respondent : SC, FINANCE, MR. A PHUKAN,SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19.09.2025
Heard Ms. J. Paul, learned counsel for the petitioner and Mr. P. N. Sharma, learned Standing Counsel for Elementary Education Department, Government of Assam, for respondents No. 3, 4, 5 and Mr. A. Chaliha, learned Standing counsel, Finance Department for respondent No. 1. Page No.# 3/4
2. By filing this writ petition, the petitioner has prayed for regularization of his service as Grade IV employee, as per the order dated 20.07.2021, passed by the Special Commissioner, Elementary Education Department, whereby, in compliance of the order of this Court passed on 23.11.2020 in WP(C) No. 3766/2020, the service of the petitioner is to be regularized. 3. The learned Standing Counsel for the Elementary Education Department, Government of Assam has submitted a communication, vide letter No. EPMD.5/2017/350 dated Kahilipara, the 18th September, 2025, issued by the Director of Elementary Education Assam, wherein it has been stated that the Government has approved for filling up of 2 (two) posts in respect of Sri Debacharan Das, (AT) and Sri Madhusudhan Sarkar (Gr-IV) of Nichilamari ME School under DEO, Kamrup, in connection with the Hon’ble High Court’s order in WP(C) No. 3766/2020. It is further stated that the DEO, Kamrup, has submitted a fresh proposal and the proposal is under process to appoint the incumbent concerned in this regard.
The aforesaid communication so submitted before this Court is kept on record and marked as ‘X’. 4. In view of the aforesaid communication and approval so received for filling up of the post in respect of Sri Madhusudhan Sarkar, the petitioner, this Court is of the opinion that this petition can be disposed of at this stage in view of the
Page No.# 4/4 aforesaid communication. Accordingly, this writ petition is disposed of . 5. In view of the aforesaid, this Court directs the concerned Elementary Education Department to do the needful so that the post of the petitioner can be regularized at the earliest. The exercise is directed to be carried out within a period of 2 (two) months from passing of this order. JUDGE Comparing Assistant