Gauhati High Court
Kabita Mahanta vs The State Of Assam And 5 Ors on 22 January, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/5
GAHC010199452024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5014/2024
KABITA MAHANTA
WIFE OF LATE LAKHI PRASAD BARUAH,
DAUGHTER OF LATE DIBAKAR MAHANTA,
RESIDENT OF GOHAIN GAON,
P.O.- KONWARPUR,
DISTRICT- SIVASAGAR, ASSAM,
PIN- 785667.
ASSISTANT TEACHER OF 14 NO. KONWARPUR L.P. SCHOOL, SIVASAGAR.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
DISTRICT- KAMRUP(M)
ASSAM.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
4:THE BLOCK ELEMENTARY EDUCATION OFFICER
DEMOW BLOCK
DISTRICT- SIVASAGAR
ASSAM.
5:THE DEPUTY INSPECTOR OF SCHOOLS
SIVASAGAR
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DISTRICT- SIVASAGAR
ASSAM.
6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
Advocate for the Petitioner : MR. N BORAH, MR M.J. BHARALI,G. R. SINGHA
Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE DEPTT.
Linked Case : WP(C)/3091/2024
RAJESH YADAV
SON OF SRI JANARDAN YADAV
RESIDENT OF VILLAGE- LOONPURIA BENGALI GAON
P.S. PANITOLA
DISTRICT- TINSUKIA
ASSAM
PIN- 786138
ASSISTANT TEACHER OF DHOLLA L.P. SCHOOL
TINSUKIA
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
DISTRICT- KAMRUP (M)
ASSAM
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
TINSUKIA
DISTRICT- TINSUKIA
ASSAM
4:THE BLOCK ELEMENTARY EDUCATION OFFICER
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KAKAPATHAR BLOCK
DISTRICT- TINSUKIA
ASSAM
5:THE DEPUTY INSPECTOR OF SCHOOLS
TINSUKIA
DISTRICT- TINSUKIA
ASSAM
6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
------------
Advocate for : MR. N BORAH
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : WP(C)/2948/2024
BANI KANTA MORAN AND ANR
SON OF LATE TURASWAR MORAN
RESIDENT OF VILLAGE- BUKAPATHER
P.O. BORHULLONG
P.S. BORDUMSA
DISTRICT- TINSUKIA
ASSAM
PIN- 786160
RETIRED ASSISTANT TEACHER OF TARANI PATHER L.P. SCHOOL
TINSUKIA
2: SMTI. NILIMA GOGOI
D/O- LT. BHIM KANTA GOGOI RESIDENT OF VILLAGE- CHANGMAI GAON
MAKUM ROAD
P.O. SUKANPUKHURI
DISTRICT- TINSUKIA
ASSAM
PIN- 786146
RETIRED ASSISTANT TEACHER OF GANPOT RAI RASIWASIA M.E. SCHOOL
TINSUKIA
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
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GUWAHATI-6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
DISTRICT- KAMRUP (M)
ASSAM
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
TINSUKIA
DISTRICT- TINSUKIA
ASSAM
4:THE DEPUTY INSPECTOR OF SCHOOLS
TINSUKIA
DISTRICT- TINSUKIA
ASSAM
5:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
------------
Advocate for : MR. N BORAH
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 22.01.2025
Heard Mr. N. Borah, learned counsel for the petitioner.
The petitioner's case is that the present cases are covered by the
judgment and order dated 31.03.2023 passed in WP(C) 6403/2021.
Issue notice, returnable in three weeks.
Mr. B. Talukdar, learned counsel accepts notice on behalf of the
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respondent Nos. 1 to 4. He submits that he would have to go through the said
judgment and order, to ascertain as to whether the present case is a covered
case.
List the matters along with WP(C) 6993/2024 and WP(C) 6215/2024 on
20.02.2025.
JUDGE
Comparing Assistant
