Gauhati High Court

Krishna Dey Bhowmik vs The State Of Assam And 4 Ors on 6 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                 Page No.# 1/3

GAHC010236652023




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

                         Case No. : WP(C)/6283/2023

         KRISHNA DEY BHOWMIK
         W/O- SHRI AJOY BHOWMIK, R/O- D/1/4 ECL AREA COMPLEX,ARANSOL,
         DIST PASCHIM BARDHAMAN, WEST BENGAL, PIN- 713359.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT,
         DISPUR, GUWAHATI-781006.

         2:THE SECRETARY TO THE GOVT. OF ASSAM
          SECONDARY EDUCATION DEPARTMENT
          DISPUR
          GHY-781006.

         3:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GHY-781019.

         4:THE DEPUTY DIRECTOR

          SECONDARY EDUCATION
          ASSAM
          KAHILIPARA
          GHY-781019.

         5:THE INSPECTOR OF SCHOOLS
         TINSUKIA DISTRICT CIRCLE
          SUBHASINI ROAD
          SECTOR-1
                                                                          Page No.# 2/3

             CHALIHA NAGAR
             DIST. TINSUKIA
             ASSAM
             PIN- 786125

Advocate for the Petitioner   : MR. U K NAIR, MR A CHAKRABORTY,MS D MAHANTA

Advocate for the Respondent : SC, SEC. EDU.,




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

06-06-2025 Heard Shri A. Chakraborty, learned counsel for the petitioner. On the last occasion i.e. 04.06.2025, the following order was passed:-

"Shri A Chakraborty, learned counsel for the petitioner submits that the subject matter involves squarely covered by the earlier decisions of this Court which in turn had relied upon the judgment of the Hon'ble Supreme Court in the case of Dinesh Chandra Sangma Vs. State of Assam & Ors., reported in (1977) 4 SCC 441. Ms. P Das, learned Standing Counsel, Secondary Education Department, Assam submits that parawise comments have been received. In view of the above, let such parawise comments be placed before this Court for perusal and the matter be listed for consideration on 06.06.2025."

Ms. P. Das, learned Standing Counsel, Secondary Education has produced the parawise comments.

A perusal of the same would however reflect that the issue of voluntary retirement is not the subject matter of the said comments. On the other hand, Shri Chakraborty, the learned counsel has referred to a communication dated 31.05.2016 stated to have been made by the Head Master of the Ledo Bazar, to the Inspector of Schools, regarding the voluntary retirement prayer of the petitioner.

In view of the above and as prayed for by the learned Standing Counsel, Page No.# 3/3

matter is adjourned by 2 (two) weeks to enable her to obtain specific instructions on the aspect of receipt or otherwise the application for voluntary retirement which has been stated to be forwarded by the Head Master of the School, as noted above.

List after 2 (two) weeks, i.e. on 25.06.2025.

JUDGE

Comparing Assistant