Gauhati High Court
Anima Devi And 14 Ors vs The State Of Assam And 3 Ors. Represented ... on 17 July, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
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GAHC010223322021
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/187/2022
1: ANIMA DEVI AND 14 ORS
D/O LATE SADANANDA BOISHNAB, RESIDENT OF VILLAGE AMGURI,
PO NORTH BOITAMARI, DIST BONGAIGAON, ASSAM, 783380
2: SABITA MAHANTA
DAUGHTER OF LATE DHARANI KANTA MAHANTA RESIDENT OF
VILLAGE RAGHUNANDANPUR P.O. BOITAMARI DISTRICT BONGAIGAON
(ASSAM) PIN NO. 783389.
3: RAM KRISHNA NANDI
SON OF LATE RADHESHYAM NANDI RESIDENT OF VILLAGE DUMURIA
PART-1 P.O. LENGTISINGHA DISTRICT BONGAIGAON (ASSAM) PIN NO.
783384
4: ABDUL BARIK SHEIKH
SON OF LATE JAFAR ALI SHEIKH RESIDENT OF VILLAGE NALDOBA
P.O. BIDYAPUR DISTRICT BONGAIGAON (ASSAM) PIN NO. 783380.
5: SMRITA DUTTA
DAUGHTER OF KANAILAL DUTTA RESIDENT OF VILLAGE NORTH
BONGAIGAON WARD NO.13 P.O. BONGAIGAON DISTRICT BONGAIGAON
(ASSAM) PIN NO. 783380.
6: HOR KUMAR BARMAN
SON OF RAMESWAR BARMAN RESIDENT OF VILLAGE BAMUNITILA
P.O. DHONTALA BAZAR DISTRICT BONGAIGAON (ASSAM) PIN NO. 783372.
7: JAKIR HUSSAIN
SON OF REKIBUDDIN AHMED RESIDENT OF VILLAGE DHANTOLA
P.O. DHANTOLA BAZAR DISTRICT BONGAIGAON (ASSAM) PIN NO.
783372.
8: ASHIS DAS
SON OF LATE SIBENDRA BIJAY DAS RESIDENT OF VILLAGE NATUNPARA
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WARD NO.16 P.O. BONGAIGAON DISTRICT BONGAIGAON (ASSAM) PIN
NO. 783380.
9: SIBU GHOSH
SON OF DHIREN CHANDRA GHOSH RESIDENT OF VILLAGEBONGAIGAON
BHAKARNITA WARD NO.7P.O. BONGAIGAON DISTRICT BONGAIGAON
(ASSAM) PIN NO. 783380
10: SAJAL DAS
SON OF LATE JAGADISH CHANDRA DAS RESIDENT OF VILLAGE
NATUNPARA WARD NO.10 P.O. BONGAIGAON DISTRICT BONGAIGAON
(ASSAM) PIN NO. 783380.
11: ANUBRATA MALLICK
SON OF LATE RAMENDRA CHANDRA MALLICK RESIDENT OF VILLAGE
ABHAYAPURI TOWN WARD NO.3 (BASANTIPARA) P.O. BONGAIGAON
DISTRICT BONGAIGAON (ASSAM) PIN NO. 783384.
12: RUPEN KALITA
SON OF PUREN KALITA RESIDENT OF VILLAGE ABHAYAPURI
WARD NO. IV M.G.ROAD P.O. BONGAIGAON DISTRICT BONGAIGAON
(ASSAM) PIN NO. 783384
13: PRADIP KUMAR ARJYA
SON OF HIRALAL ARJYA RESIDENT OF VILLAGE KIRTAN PARA
P.O. KIRTAN PARA P.S. ABHAYA PURI DISTRICT BONGAIGAON
(ASSAM) PIN NO. 783384
14: TULSHI BARMAN
SON OF LATE DEBENDRA CHANDRA BARMAN RESIDENT OF VILLAGE
SALBAGAN (GHOSHPARA) WARD NO.10 P.O. BONGAIGAON DISTRICT
BONGAIGAON (ASSAM) PIN NO. 783380
15: PARTHA PRATIM GHOSH
SON OF LATE NARESH CHANDRA GHOSH RESIDENT OF VILLAGE
SALBAGAN (GHOSHPARA) WARD NO.10 P.O. BONGAIGAON DISTRICT
BONGAIGAON (ASSAM) PIN NO. 78338
VERSUS
1: THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM,
EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM KAHILIPARA GUWAHATI-19
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3:THE DIRECTOR OF PENSION
BANPHOOL NAGAR BASISTHPUR GUWAHATI PIN NO. 781006
4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT DISPUR GUWAHATI-
Advocate for the Petitioner : MR. S K DAS, MR R KARIM,MR D BARMAN
Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, ELEM. EDU
- BEFORE -
HON'BLE MR. JUSTICE NELSON SAILO
Date : 17-07-2025
Heard Mr. S.K. Das, learned counsel for the petitioners. Also heard Mr.
B. Talukdar, learned Standing Counsel, Education (Elementary) Department,
appearing for the respondent Nos.1 & 2; Mrs. D.D. Barman, learned Additional
Senior Government Advocate, Assam, appearing for the respondent No.3 and
Mr. R. Borpujari, learned Standing Counsel, Finance Department, appearing for
the respondent No.4.
Mr. S.K. Das, learned counsel for the petitioners submits that the case
of the petitioners is squarely covered by the order dated 12.08.2021 passed by
a Coordinate Bench of this Court in WP(C) No.8694/2018 (Sukumar Sarkar &
7 Ors. -Vs- State of Assam & 8 Ors.) and also by the order dated 11.02.2021
passed by a Coordinate Bench of this Court in Review Petition No.16/2019
(State of Assam & Anr. -Vs- Dilip Kumar Medhi & 28 Ors.).
Mr. R. Borpujari, learned Standing Counsel, Finance Department shall
examine the claim of the petitioner in the light of the aforesaid 2(two)
judgments and make his submission by the next date fixed.
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List again on 14.08.2025.
JUDGE
Comparing Assistant
