Page No.# 1/4 GAHC010052052022 2025:GAU-AS:5142 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1924/2022 MD. JAKIR HUSSAIN S/O- NURUL HAQUE, ASSISTANT TEACHER CUM I/C HEAD TEACHER OF JAGODISHPUR PART-3 NEW LP SCHOOL, JAGADISHOUR UNDER KATIGORAH EDUCATIONAL BLOCK, R/O- VILL.- JAGADISHPUR PART-V, P.O. JAGADISHPUR, P.S. KATIGORAH, DIST. CACHAR, ASSAM, PIN- 788805. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE MISSION DIRECTOR SAMAGRA SIKSHA ABHIJAN KAHILIPARA GUWAHATI-19. 3:THE DEPUTY COMMISSIONER CACHAR SILCHAR ASSAM PIN- 788008. 4:THE DISTRICT MISSION COORDINATOR SAMAGRA SIKSHA ABHIJAN SILCHAR DIST. CACHAR ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR Page No.# 2/4 SILCHAR ASSAM PIN- 788003. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER CUM BMC KATIGORAH UNDER SSA ASSAM HILLARA DIST. CACHAR ASSAM 7:THE PRESIDENT SMDC JAGODISPUR PART-3 NEW LP SCHOOL R/O- VILL.- JAGADISHOUR PART-3 P.O. JAGADISHOUR P.S. KATIGORAH DIST. CACHAR ASSAM PIN- 788805 Advocate for the Petitioner : MR. A K DUTTA, MR. B PURKAYASTHA,MR. B ZAMAN Advocate for the Respondent : GA, ASSAM, MR. S SUTRADHAR (R-7),SC, SSA BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 28.04.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned Standing counsel for the respondent Nos. 1, 5 and 6; Mr. S. Bora, learned Standing counsel for the respondent Nos. 2 and 4; and Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondent No. 3. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the correctness or otherwise of the order dated 24.02.2022, issued by the Block Mission Coordinator-cum-Block Elementary Page No.# 3/4 Education Officer, Katigorah and to allow the petitioner to continue to serve as Assistant Teacher-cum-Head Teacher (In-charge) of Jagadishpur Part-III New L.P. School as per his joining report, and also to issue direction to the respondent authorities to grant him earned leave for the period w.e.f. 07.02.2022 to 26.02.2022, by adjusting his earned leave credited in his leave account for the aforementioned period. 3. Mr. Purkayastha, learned counsel for the petitioner submits that the petitioner was serving as Head Teacher (In-charge) of Jagadishpur Part-III New L.P. School and on 07.02.2022, he left for Mecca and during the period of his absence, the authorities had passed the impugned order dated 24.02.2022, by which he was directed to hand over all schools records to the Office of the Block Elementary Education Officer, Katigorah and not to join the school without prior permission from the competent authority after his arrival from Mecca. Mr Purkayastha further submits that the petitioner was not paid salary for the period, w.e.f. 07.02.2022, to 26.02.2022, and that he has earned leave, credited in his leave account, and the aforementioned period may be adjusted by deducting from his leave account, and that the respondents may be directed to pay salary to the petitioner for the aforementioned period. 4. Mr. Bora, learned Standing counsel for the respondent Nos. 2 and 4 submits that the petitioner was earlier under the SSA and now he is shifted to Elementary Education Department, and as such, this writ petition may be disposed of by directing the petitioner to file one representation before the respondent No. 2 and also issuing further direction to the respondent No. 2, to consider the said representation in the light of the Notification, dated 01.07.2020, issued by Commissioner and Secretary to the Government of Assam in the Elementary Education Department. Page No.# 4/4 5. Mr. Purkayastha, learned counsel for the petitioner submits that he has no objection in the event of disposing of this writ petition with such a direction, as submitted by Mr. Bora, learned Standing counsel for the respondent Nos. 2 and 4. 6. Ms. Phukan, learned Standing counsel for the respondent Nos. 1, 5 and 6 and Ms. Barman, learned Addl. Senior Government Advocate for the respondent No. 3 submit that they have no objection in the event of disposing of this petition by passing an order directing the petitioner to file one representation before the respondent No. 2, and further directing the respondent No. 2 to consider the same in accordance with law/rules. 7. Taking note of the submissions of learned counsel for both the parties, and as agreed upon by learned counsel for both the parties, this Court is inclined to dispose of this writ petition by directing the petitioner to file a representation before the respondent No. 2, along with a certified copy of this order within a period of 15 days from today. And in the event of such a representation being filed by the petitioner, the respondent No. 2 shall consider the same in the light of the Notification dated 01.07.2020, within a period of one month, from the date of receipt of such representation along with a certified copy of this order. It is further provided that the petitioner shall file the representation through proper channel. 8. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant