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2025 DAILYLAW 9089 (GAU)

TANDRA PHUKAN AND 2 ORS. v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/1610/2018 · 2025-05-12

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010019062014 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C)/1610/2018 TANDRA PHUKAN AND 2 ORS. C/O MR. PRANJAL BHATTACHARYYA R/O 303-C PROTECH REGENCY HENGRABARI HOUSING COLONY ROAD GUWAHATI - 781006. 2: SMT. SANGEETA SARMA W/O ARUNABH BHAGABATI R/O A BHAGIRATHI APARTMENT ZOO NARENGI ROAD 5TH BYE LANE GUWAHATI - 781024. 3: SRI MANOJ CHAUHAN S/O SHIO KUMAR R/O MAILOO BAZAR P.S. KHERONI DIST. WEST KARBI ANGLONG ASSAM PIN- 782446. VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT Page No.# 2/3 DISPUR GUWAHATI -781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI - 781006. 4:THE DIRECTOR EDUCATION (SECONDARY) DEPARTMENT KAHILIPARA GUWAHATI - 781019. 5:THE DEPUTY COMMISSIONER KAMRUP. 6:THE DEPUTY COMMISSIONER KARBI ANGLONG. ------------ For petitioner/appellant(s) : Mr. K.N. Choudhury, Sr. Advocate Ms. R. Kakati, Advocate For respondent(s) : Mr. N.J. Khataniar, SC, Education Mr. A. Chaliha, SC, Finance Page No.# 3/3 – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 13.05.2025 (Vijay Bishnoi, CJ) This writ petition is filed by the petitioners essentially, challenging the Office Memorandum dated 14.07.2016 issued by the Principal Secretary to Govt. of Assam, Education Department, whereby it was made mandatory for the petitioners to appear and pass the TET conducted by the Government for the post of Graduate Teacher of Provincialised Higher Secondary/High Schools. The petitioners have also prayed for regularization of their services. It is informed that during the pendency of this writ petition, the Government has already regularized the services of the petitioners vide notification dated 1st July, 2020. However, a condition is imposed that no pensionary benefit will be payable to those teachers. Learned counsel for the petitioners has submitted that since the services of the petitioners have already been regularized, nothing remains for adjudication in this petition. However, so far as the claim of the petitioners regarding the pensionary benefit is concerned, liberty be granted to the petitioners to agitate the same before the appropriate forum in the appropriate proceeding. Learned counsel for the respondent State has no objection, if such liberty is granted. In such circumstance, this writ petition is disposed of with liberty to the petitioners to agitate their grievances, if any, by availing appropriate remedy before the appropriate forum, in accordance with law. JUDGE CHIEF JUSTICE Comparing Assistant