Abdul Mazid Ahmed vs The State Of Assam And 5 Ors
2025 Latest Caselaw 2906 Gua

Gauhati High Court

Abdul Mazid Ahmed vs The State Of Assam And 5 Ors on 6 February, 2025

Author: Kalyan Rai Surana

Bench: Kalyan Rai Surana

                                                               Page No.# 1/3

GAHC010013892025




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/513/2025

         ABDUL MAZID AHMED
         SON OF SARITULLAH MUNCHI, VILLAGE- GOALPARA BHATIPARA, WARD
         NO 11, P S- GOALPARA, DISTRICT-GOALPARA, PIN- 783101, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY/SECONDARY)
         DEPARTMENT DISPUR, GUWAHATI 781006

         2:DIRECTOR OF SECONDARY EDUCATION
          KAHILIPARA
          GHY-19

         3:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI- 781019

         4:THE INSPECTOR OF SCHOOLS
          DISTRICT- GOALPARA
          PIN- 783101

         5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
          DISTRICT- GOALPARA
          PIN- 783101

         6:THE HEADMISTRESS
          GOALPARA
          J.N. HIGH SCHOOL HIGH SCHOOL
          GOALPARA
                                                                        Page No.# 2/3

             DISTRICT
             PIN- 78310

Advocate for the Petitioner   : MR M H AHMED, I AMIN

Advocate for the Respondent : SC, ELEM. EDU,




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                         ORDER

06.02.2025

Heard Mr. M.H. Ahmed, learned counsel for the petitioner.

Referring to the order dated 12.02.2020 passed by this Court in WP(C) 851/2020, it is submitted that the scope of consideration of the representation of the petitioner was with regard to entitlement to a minimum scale of pay. However, by the impugned order dated 22.12.2020, the Director of Secondary Education, Assam has rejected the prayer of the petitioner for regularization, which was never made by the petitioner. Therefore, it is submitted that the said order dated 22.12.2020 is challenged only on that ground by filing this writ petition under Article 226 of the Constitution of India.

The learned senior counsel for the petitioners has submitted that the case of the petitioners is squarely covered by the ratio laid down in the judgment and order dated 22.01.2019 passed by this Court in WP(C) 1725/2015, read with order dated 04.04.2024, passed by the Division Bench of this Court in WA 255/2022.

Accordingly, issue notice only with regard to prayer no. II of this writ petition regarding claim of the petitioner for minimum scale of pay.

Notice is made returnable within 4(four) weeks.

Page No.# 3/3

Ms. S. Chutia, learned standing counsel accepts notice on behalf of respondent nos. 1, 3 and 5 and Ms. P. Das, learned standing counsel accepts notice on behalf of respondent nos. 2 and 4.

Requisite extra copy of this writ petition be furnished to them within 2 days.

The pendency of this writ petition shall not be a bar for the Director of elementary Education, Assam to examine the claim of the petitioner with regard to prayer no.II for granting minimum scale of pay to the petitioner.

List after 4(four) weeks.

JUDGE

Comparing Assistant