Page No.# 1/3 GAHC010042202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1149/2025 BAHARUL ISLAM S/O- NUR UDDIN, VILLAGE AND P.O- SAIDPUR PART V, P.S- SILCHAR, DIST- CACHAR, ASSAM, PIN-788013 VERSUS THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-06, ASSAM 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER HOJAI P.O AND DIST- HOJAI ASSAM PIN-78244 Advocate for the Petitioner : MR. H A LASKAR, A. H. AHMED,MS D DUTTA,MR. A S TAPADER,MR. S B LASKAR Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 03.03.2025 Heard Mr. S. B. Laskar, learned counsel for the petitioner, who submits that due to the petitioner not being given the charge of the post to which he was transferred Page No.# 2/3 to, the petitioner had filed WP(C) 2842/2024 before this Court, praying that the respondents should be directed to allow the petitioner to take charge at the new place of posting. As the petitioner had submitted his representation before the authorities, this Court had disposed of WP(C) 2842/2024, vide order dated 27.06.2024, by directing the Secretary to the Government of Assam, Department of School Education, to consider the petitioner’s representation. 2. Pursuant to the order dated 27.06.2024 passed in WP(C) 2842/2024, the Secretary to the Government of Assam, Department of School Education, partially modified the transfer order of the petitioner and reposted him as Block Elementary Education Officer (BEEO) at Lanka Education Block, Hojai, in the same capacity w.e.f. the date from taking over the charge in the existing vacant post. Thereafter, the petitioner took charge of the vacant post as BEEO at Lanka Education Block, Hojai on 04.08.2024. The petitioner thereafter made a request to the respondents, for continuation of his service w.e.f. 13.03.2024 to 03.10.2024, i.e. for the period he has not been given charge of his transferred post. 3. The petitioner’s counsel submits that in terms of letter No. DEEO/HOJ/Arrear/2024/82, issued by the District Elementary Education Officer, Hojai, the proposal for the petitioner’s continuation of service w.e.f. 13.03.2024 to 03.10.2024 and budget allocation for Rs.6,18,838/- for arrear monthly salary for the above period had been sent to the Director of Elementary Education, Kahilipara, for necessary action. 4. The petitioner’s counsel submits that the present writ petition can be disposed of, if a direction is issued to the Director of Elementary Education, Assam and the Secretary to the Government of Assam, Department of School Education, to take a decision on the letter dated 04.12.2024 issued by the District Elementary Education Officer, Hojai, within a specified time period. Page No.# 3/3 5. Ms. S. Chutia, learned counsel appearing for the respondents submits that she has got no objection to the prayer made by the petitioner’s counsel. 6. In view of the consent of the parties, the Director of Elementary Education, Assam and the Secretary to the Government of Assam, Department of School Education are directed to take a decision on the letter dated 04.12.2024 issued by the District Elementary Education Officer, Hojai, within a period of one month from the date of receipt of a certified copy of this order. The decision to be taken shall thereafter be communicated to the petitioner. 7. The writ petition is accordingly disposed of. JUDGE Comparing Assistant