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2026 DAILYLAW 3769 (GAU)

MOKSED ALOM v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/2456/2025 · 2026-03-30

Nelson Sailo

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010092232025 2026:GAU-AS:4576 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2456/2025 MOKSED ALOM S/O LT. AKBAR ALI, VILL- FULKAKATA PART. I, P.O.- MUTHAKHOWA, P.S.- SOUTH SALMARA, DIST- DHUBRI, ASSAM, 783323 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, MEDICAL EDUCATION AND RESEARCH DEPARTMENT, DISPUR, GHY-06 2:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GHY-6 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI P.O. AND DIST- DHUBRI ASSAM PIN-783301 5:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR P.O.- GAURIPUR DIST- DHUBRI ASSAM Page No.# 2/3 PIN-783331 6:THE DISTRICT COMMISSIONER DHUBRI P.O. AND DIST- DHUBRI ASSAM PIN-78330 Advocate for the Petitioner : MD. A HUSSAIN, J RAHMAN,MR. T ISLAM,MR. K ALOM Advocate for the Respondent : SC, HEALTH, GA, ASSAM,SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 31.03.2026 Heard Mr. A. Hussain, learned counsel for the petitioner and Ms. N. Phukan, learned Standing Counsel, Elementary Education Department. [2.] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage. [3.] By filing this writ petition, the petitioner has sought for a direction to the respondent authorities concerned to grant him medical reimbursement amounting to Rs.2,10,669/- in terms of the Notification dated 19.12.2023, which he has incurred due to the accident met by his wife. Referring to the Notification dated 19.12.2023 (Annexure-5), more particularly, Clause-7, the learned counsel submits that the petitioner has complied with all the requisites mentioned therein but despite the same, the medical expenditure incurred by him for treating his wife has not been reimbursed. The petitioner then approached the Commissioner and Secretary to the Govt. of Assam, Medical Education and Research Department; Secretary to the Govt. of Assam, Department of School Page No.# 3/3 Education and also the Director of Elementary Education by submitting a representation on 18.04.2024 but since the same has not been considered and disposed of, the petitioner is before this Court. [4.] Although notice of motion was issued on 09.05.2025, the respondents have not filed their counter affidavit till date. Having regard to the fact that the representation of the petitioner has not been considered till date, this Court deems it fit to dispose of the writ petition by directing the petitioner to file a fresh representation before the Director of Elementary Education, Govt. of Assam (respondent No.3) along with all supporting documents within a period of 10(ten) days from today. Upon filing of the said representation, the respondent No.3 shall consider the same and dispose of the representation by way of a reasoned and speaking order within a period of 1(one) month of receipt of the same. [5.] A copy of the order to be passed by the Director shall be given to the petitioner. [6.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant