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2025 DAILYLAW 7348 (GAU)

THE STATE OF ASSAM v. JIBAN BARUAH and 7 ORS.

WP(C)/7624/2015 · 2025-06-12

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010027722015 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7624/2015 THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GHY- 6. VERSUS JIBAN BARUAH and 7 ORS. S/O- SRI MINARAM BARUAH, R/O VILL.- DORIA, ALICHIZA, MAJULI, P.O.- KAMALABARI, DIST.- JORHAT, ASSAM. 2:NITYANANDA NATH C/O- MATHURA NATH R/O VILL.- RANASHAI NOGAON P.S.- JENGRAIMUKH DIST.- JORHAT ASSAM. 3:KHETRADHAR NATH S/O- SRI UMARAM NATH R/O- RANGASHAIL P.S.- JENGRAIMUKH DIST.- JORHAT ASSAM. 4:BIKASHA CHANDRA BHARALI C/O- SRI SHISHU RAM BHARALI R/O VILL.- PURANA SAMAGURI P.S. and P.O.- BONGAON DIST.- JORHAT. 5:DEBASISH BORA S/O- KOSHA BORA Page No.# 2/3 R/O VILL.- PHOTSANG MAJULI P.S.- NATUN BAZAR DIST.- JORHAT ASSAM. 6:DIPIKA KALITA D/O- MATHURA NATH R/O VILL.- PHOOLANI NO. 1 P.O.- KARHESHU P.S.- JENGRAIMUKH DIST.- JORHAT ASSAM. 7:PHULESWARI BORA C/O- SRI KASHU BORA R/O VILL.- PANIKHAITI P.O.- MANGAMARI P.S.- NATUN BAZAR DIST.- JORHAT ASSAM. 8:RANJUMANI DEVI W/O- JAN MANI NATH R/O VILL.- SONARIATI P.O.- RANGSHAI P.S.- JENGRAIMUKH DIST.- JORHAT ASSAM Advocate for the Petitioner : MR.N SARMA, MR.D CHETIA,MR.R MAJUMDAR Advocate for the Respondent : MS.N S THAKURIAR- 1 - 8, MS.P DEB(R-1 - 8),MR.K K MAHANTA BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13-06-2025 Heard Shri R. Mazumdar, learned Standing Counsel, Elementary Education Department. Also heard Shri S. Gautam, learned counsel for the contesting respondents. Page No.# 3/3 The present writ petition was instituted against an order dated 22.01.2013 passed by the learned Assam Administrative Tribunal in Case No. 7 ATA/2010. By the impugned judgment, the State was directed to release the arrear salaries and stipend to the contesting respondents. However, during the pendency of this writ petition, there are subsequent developments which would have a material bearing in the adjudication of this case. Shri Mazumdar, the learned Standing Counsel has submitted that the matter at hand including all similar matters were the subject matter of a detailed examination whereafter the contesting respondents and similarly situated persons were given fresh engagements as Tutors with however a condition not to claim any past service benefits. Shri Gautam, the learned counsel for the contesting respondents has endorsed the aforesaid submission and has acknowledged that the contesting respondents have in the meantime joined their new assignments. In view of the aforesaid development, this Court is of the opinion that there would be no requirement to adjudicate this writ petition as the impugned order has become otiose. Writ petition accordingly stands disposed of. JUDGE Comparing Assistant