The State Of Assam vs Jiban Baruah And 7 Ors
2025 Latest Caselaw 5301 Gua

Gauhati High Court

The State Of Assam vs Jiban Baruah And 7 Ors on 13 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                    Page No.# 1/3

GAHC010027722015




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

                            Case No. : WP(C)/7624/2015

         THE STATE OF ASSAM
         REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
         EDUCATION ELEMENTARY DEPTT., DISPUR, GHY- 6.



         VERSUS

         JIBAN BARUAH and 7 ORS.
         S/O- SRI MINARAM BARUAH, R/O VILL.- DORIA, ALICHIZA, MAJULI, P.O.-
         KAMALABARI, DIST.- JORHAT, ASSAM.

         2:NITYANANDA NATH
          C/O- MATHURA NATH
          R/O VILL.- RANASHAI NOGAON
          P.S.- JENGRAIMUKH
          DIST.- JORHAT
         ASSAM.

         3:KHETRADHAR NATH
          S/O- SRI UMARAM NATH
          R/O- RANGASHAIL
          P.S.- JENGRAIMUKH
          DIST.- JORHAT
         ASSAM.

         4:BIKASHA CHANDRA BHARALI
          C/O- SRI SHISHU RAM BHARALI
          R/O VILL.- PURANA SAMAGURI
          P.S. and P.O.- BONGAON
          DIST.- JORHAT.

         5:DEBASISH BORA
          S/O- KOSHA BORA
                                                                             Page No.# 2/3

             R/O VILL.- PHOTSANG
             MAJULI
             P.S.- NATUN BAZAR
             DIST.- JORHAT
             ASSAM.

            6:DIPIKA KALITA
             D/O- MATHURA NATH
             R/O VILL.- PHOOLANI NO. 1
             P.O.- KARHESHU
             P.S.- JENGRAIMUKH
             DIST.- JORHAT
            ASSAM.

            7:PHULESWARI BORA
             C/O- SRI KASHU BORA
             R/O VILL.- PANIKHAITI
             P.O.- MANGAMARI
             P.S.- NATUN BAZAR
             DIST.- JORHAT
            ASSAM.

            8:RANJUMANI DEVI
            W/O- JAN MANI NATH
             R/O VILL.- SONARIATI
             P.O.- RANGSHAI
             P.S.- JENGRAIMUKH
             DIST.- JORHAT
            ASSAM

Advocate for the Petitioner   : MR.N SARMA, MR.D CHETIA,MR.R MAJUMDAR

Advocate for the Respondent : MS.N S THAKURIAR- 1 - 8, MS.P DEB(R-1 - 8),MR.K K
MAHANTA




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

13-06-2025 Heard Shri R. Mazumdar, learned Standing Counsel, Elementary Education Department. Also heard Shri S. Gautam, learned counsel for the contesting respondents.

Page No.# 3/3

The present writ petition was instituted against an order dated 22.01.2013 passed by the learned Assam Administrative Tribunal in Case No. 7 ATA/2010. By the impugned judgment, the State was directed to release the arrear salaries and stipend to the contesting respondents. However, during the pendency of this writ petition, there are subsequent developments which would have a material bearing in the adjudication of this case.

Shri Mazumdar, the learned Standing Counsel has submitted that the matter at hand including all similar matters were the subject matter of a detailed examination whereafter the contesting respondents and similarly situated persons were given fresh engagements as Tutors with however a condition not to claim any past service benefits.

Shri Gautam, the learned counsel for the contesting respondents has endorsed the aforesaid submission and has acknowledged that the contesting respondents have in the meantime joined their new assignments. In view of the aforesaid development, this Court is of the opinion that there would be no requirement to adjudicate this writ petition as the impugned order has become otiose.

Writ petition accordingly stands disposed of.

JUDGE

Comparing Assistant