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2026 DAILYLAW 2499 (GAU)

HIMANI BARUA v. THE STATE OF ASSAM AND 2 ORS.

WP(C)/537/2026 · 2026-02-05

Nelson Sailo

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010004562026 2026:GAU-AS:1533 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/537/2026 HIMANI BARUA W/O SRI MONINDRA CHANDRA DAS RESIDENT OF SIMLITOLA DOCTORPARA,POST OFFICE SIMLITOLA,DISTRICT GOALPARA,STATE ASSAM,PIN CODE 783130 (WORKING AS HEAD MISTRESS SIMLITOLA GIRLS HIGH SCHOOL) VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:INSPECTOR OF SCHOOLS GOALPARA DISTRICT CIRCLE GOALPARA Advocate for the Petitioner : MRS. K DEVI, N O POMONG Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 06.02.2026 Heard Mrs. K. Devi, learned counsel for the petitioner and Ms. R. Barua, learned Standing Counsel, Secondary Education Department. Having regard to the nature of grievance projected by the petitioner, the petition is taken up for disposal at this stage itself. 2. It is the case of the petitioner that she was appointed as an Assistant Teacher by the Managing Committee of Simlitola Girls High School before the provincialisation of the said school. She was also made the Headmistress of the said school. However, the petitioner has not received her salary w.e.f. September, 2021 and for which reason, the petitioner has come before this Court through this instant writ petition. 3. Learned counsel for the petitioner submits that the petitioner was deputed to undergo B.Ed training vide order dated 25.08.2021 (Annexure- E), wherein her name appears at Serial No.19 of the said order. While being deputed as such, similarly situated teachers from the same school had approached this Court seeking a direction for payment of their salary by filing WP(C) No.7686/2022. The said writ petition was taken up for consideration along with other writ petitions being WP(C) No.7621/2022, WP(C) No.7871/2022, WP(C) No.755/2022 and WP(C) No.7613/2022. All these writ petitions were disposed of vide a common order dated 13.08.2024 in terms of the order passed earlier by a co-ordinate bench of this Court on 21.03.2024 in WP(C) No.2757/2023. The colleagues of the petitioner had received their due salary, but since the petitioner had Page No.# 3/3 undergone B.Ed training at the relevant time, she was not able to approach this Court. Learned counsel therefore submits that the respondent authorities may be directed to pay the petitioner the arrear salaries entitled to her similar to those who had already been given. 4. Ms. R. Barua, learned Standing Counsel, Secondary Education Department submits that she may be given some time to receive instructions as to whether the petitioner is similarly situated or not. 5. However, considering the fact that the petitioner claims that she is similarly situated like the other persons whose name appeared in the order dated 04.01.2021 passed by the Director of Secondary Education, Assam (Annexure-H) provincialising the school as well as the Teachers of the said school, the writ petition is disposed of by directing the respondent authorities to examine the case of the petitioner so as to find out as to whether she is similarly situated like the other teachers referred to in the above cases. Upon such verification, if it is found that the petitioner is also similarly situated and that she had not received any remuneration since the month of September, 2021, similar benefit be given to her without delay. 6. Such an exercise be carried out within a period of eight weeks from the date of receipt of a certified copy of this order. 7. With the above observations and direction, the writ petition stands disposed of. JUDGE Comparing Assistant