The Court held that the instant I.A. should not be decided in isolation but merely disposed of to facilitate the trial of the main writ petition merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010076032024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1112/2024
SMT. MINAKSHI GOSWAMI
PRINCIPAL I/C, CHANDRA NATH SARMA HIGHER SECONDARY SCHOOL, PITHAKHOWA, NEAR TEZPUR MEDICAL COLLEGE, SONITPUR, ASSAM
VERSUS
ASSAM MADHYAMIK SIKSHAK ARU KARMACHARI SANTHA AND 3 ORS EPRESENTED BY ITS GENERAL SECRETARY, SRI GOBINDA CHANDRA KALITA, SON OF LATE RAMANI KALITA, AGED ABOUT 59 YEARS, RESIDENT OF MILONPUR, CHANDMARI, GUWAHATI-21, KAMRUP (M), ASSAM
2:THE STATE OF ASSAM
REPRESENTED BY ITS GENERAL SECRETARY (SR.) TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI
3:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF PERSONNEL (PERSONNEL-A) DISPUR GUWAHATI
4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-1
Advocate for the Petitioner : MR. P D NAIR
Advocate for the Respondent : GA, ASSAM
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Linked Case : WP(C)/1603/2024
ASSAM MADHYAMIK SIKSHAK ARU KARMACHARI SANTHA REPRESENTED BY ITS GENERAL SECRETARY SRI GOBINDA CHANDRA KALITA SON OF LATE RAMANI KALITA AGED ABOUT 59 YEARS RESIDENT OF MILONPUR CHANDMARI GUWAHATI-21 KAMRUP (M) ASSAM
VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY ITS GENERAL SECRETARY (SR.) TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI 2:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF PERSONNEL (PERSONNEL-A) DISPUR GUWAHATI 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:SMT. MINAKSHI GOSWAMI PRINCIPAL I/C CHANDRA NATH SARMA HIGHER SECONDARY SCHOOL PITHAKHOWA NEAR TEZPUR MEDICAL COLLEGE SONITPUR ASSAM -----------Advocate for : MR H K DAS Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 10.05.2024
Heard Mr. P.D. Nair, learned counsel for the applicant / respondent No. 4 in WP(C) No. 1603/2024.
Also heard Mr. H.K. Das, learned counsel for respondent No. 1 / writpetitioner.
After considering the matter at length, this Court is of the considered opinion that instead of considering the present I.A., it would be in the interest of justice to dispose of the main writ petition on merit.
It is however provided that the interim order dated 22.03.2024 passed in WP(C) No. 1603/2024 shall not have any effect on the service of the applicant / respondent No. 4 in WP(C) No. 1603/2024.
The I.A. is accordingly, disposed of.
JUDGE
Comparing Assistant
SMT. MINAKSHI GOSWAMI
ASSAM MADHYAMIK SIKSHAK ARU KARMACHARI SANTHA
THE STATE OF ASSAM
LANUSUNGKUM JAMIR
As recorded by the court registry
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