Gauhati High Court
Page No.# 1/4 vs Purnima Deka on 10 November, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010189482025
2025:GAU-AS:15228
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./224/2025
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF
SCHOOL EDUCATION, DISPUR, GUWAHATI-6
2: THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3: THE INSPECTOR OF SCHOOLS
NALBARI
NALBARI DISTRICT CIRCLE
NALBARI
ASSAM
PIN-781335
VERSUS
PURNIMA DEKA
ASSISTANT TEACHER, MUGDI MILAN H.S. SCHOOL, R/O. VILL.-
GHORATHAL, P/O. MUGDI, DIST. NALBARI, ASSAM, PIN-781312
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPTT.
ASSAM
ASSAM
3:THE TREASURY OFFICER
BELSOR
DIST. NALBARI
ASSAM
PIN-7813
Advocate for the Petitioner : MR. N J KHATANIAR, MS. D MUSAHARY
Page No.# 2/4
Advocate for the Respondent : ,
Linked Case : WP(C)/1548/2023
PURNIMA DEKA
ASSTT. TEACHER
MUGDI MILAN H.S. SCHOOL
R/O- VILL- GHORATHAL
P.O. MUGDI
DISTRICT- NALBARI
ASSAM
PIN- 781312
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
DISPUR
GHY-06
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-06
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019
4:THE INSPECTOR OF SCHOOLS
NALBARI DISTRICT CIRCLE
NALBARI
ASSAM
PIN- 781335
5:THE TREASURY OFFICER
BELSOR
DISTRICT- NALBARI
ASSAM
Page No.# 3/4
PIN- 781304
------------
Advocate for the petitioner(s): Mr. NJ Khataniar
Advocate for the respondent(s):
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
10.11.2025
This is an application seeking review of the judgment and order
dated 20.03.2023 passed in WP(C)No.1548/2023 whereby this Court
taking into account the judgment of the learned Division Bench of this
Court dated 23.09.2022 passed in WA No.211/2019 directed the
Director of Secondary Education, Assam to verify as to whether the
petitioner/respondent herein was similarly situated with the appellant
in WA No.211/2019 and if upon verification it was found that the
petitioner/respondent herein was similarly situated, the Director of
Secondary Education Assam was directed to take necessary steps to
release the arrear salary of the petitioner/respondent herein for the
period from 21.05.2012 to 18.01.2014.
2. This Court further directed that the said exercise be completed
within 3(three) months from the date a certified copy of the order is
Page No.# 4/4
served upon the Director of Secondary Education, Assam.
3. It has been submitted by Mr. NJ Khataniar, the learned counsel
appearing on behalf of the State of Assam that the verification was
carried out and it was found that the petitioner/respondent herein was
similarly situated with the appellant in WA No.211/2019, but the
petitioner/respondent herein had approached this Court after a long
delay.
4. It is the opinion of this Court that the said ground was not taken
up when the writ petition was decided by this Court and it is for the
first time in order to deny the respondent herein the benefits of the
order dated 20.03.2023 passed in WP(C)No.1548/2023, such a
attempt is being made by filing the present review application. Apart
from that the same cannot be construed as a ground permissible for
exercise of the review jurisdiction. Additionally, it surprises this Court
that after two years, the present review petition has been filed and
apparently it appears to be an afterthought to deny the benefits to
the respondent herein.
5. Accordingly, this Court rejects the present
application.
JUDGE
Comparing Assistant
