Gauhati High Court

) Rekha Mani Devi vs The State Of Assam And 5 Ors on 6 May, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                     Page No.# 1/3

GAHC010073722022




                                                              undefined

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

                           Case No. : WP(C)/2736/2022

         ON THE DEATH OF PRADIP KUMAR SARMA HIS LEGAL
         REPRESENTATIVES
         1) REKHA MANI DEVI,
          W/O- LATE PRADIP KUMAR SARMA, R/O- VILL.- BARDIGHELI
         (BARDHARI), P.O. BARDIGHELI, DIST. NALBARI, ASSAM, PIN- 781334.

         2: BISHAL SARMA

          S/O- LATE PRADIP KUMAR SARMA
          R/O- VILL.- BARDIGHELI (BARDHARI)
          P.O. BARDIGHELI
          DIST. NALBARI
          ASSAM
          PIN- 781334

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
         SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.

         2:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-19.

         3:INSPECTOR OF SCHOOLS
          NALBARI DISTRICT CIRCLE
          P.O. AND DIST. NALBARI
         ASSAM
          PIN- 781335.

         4:THE TREASURY OFFICER
          NALBARI TREASURY
                                                                            Page No.# 2/3

             P.O. AND DIST. NALBARI
             ASSAM
             PIN- 781335.

            5:THE PRINCIPAL
             P.B. DHIRDUTTA HIGHER SECONDARY SCHOOL
            VILL.- BARKHALA
             P.O. K.P. BARKHALA
             DIST. NALBARI
            ASSAM
             PIN- 781350.

            6:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
            ASSAM
             MAIDAM GAON
             BELTOLA
             GUWAHATI-781029

Advocate for the Petitioner   : MR. K M HALOI, MR. B DAS

Advocate for the Respondent : SC, SEC. EDU., MS. B D SARMAH (R5),MR. U K DAS (R5),SC,
AG,SC, FINANCE




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                         ORDER

06.05.2025

This Court vide order dated 26.03.2025 had granted one last opportunity to the Secondary Education Department to file affidavit, inasmuch as, the State respondents have not filed any affidavit, even after a lapse of 3 years after filing of this writ petition.

Ms. P. Das, learned counsel submits that she undertakes to file the affidavit within 1(one) week and if she is unable to file the same, this Court may dispose of the writ petition on the basis of materials available on record.

Page No.# 3/3

Perusal of para 5 of the judgment and order dated 11.09.2017 passed by the Division Bench of this Court in W.A. No.190/2017 shows that the petitioner had been appointed through a regular process of selection and as per Rules, to a vacant sanctioned post. The appointment was also apparently made on 30.10.1998 and as such, much prior to the coming into effect of the New Pension Scheme in the year 2005.

On considering the prayer made by Ms. P. Das, one final chance is granted to the Secondary Education Department to file an affidavit. No further opportunity shall be provided to the Secondary Education Department to file affidavit.

List the matter on 19.05.2025.

JUDGE

Comparing Assistant