Disposed¶39

Rokib Uddin Ahmed v. the State of Assam and Ors.

Gauhati HC16 Nov 2025I.A.(Civil)/3602/2025

Case brief

AI extract

What is this about?

Gauhati High Court order dated 17-11-2025; I.A.(Civil)/3602/2025; 2025:GAU-AS:15485; impleadment under Order 1 Rule 10 CPC; Nilakantha Talukdar impleaded as opposite party No. 7 in I.A.(Civil) 2586/2025; linked writ petition WP(C) 2803/2021 disposed 17.02.2023; interim order dated 12.07.2021 still operating; vacation of interim order; deprivation of salaries; Kamrup elementary education service dispute; Justice Robin Phukan; Standing Counsel N. J. Khataniar; counsel M. Hossain, MD A Wadud, S Khan; A Deka.

What did the court decide?

Impleadment of Sri Nilakantha Talukdar as respondent/opposite party No. 7 in I.A. (Civil) No. 2586/2025; amended cause title to be filed within one week and the matter to be listed by the Registry as soon as practicable. ¶39

Rokib Uddin Ahmed Vs the State of Assam and Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/7

GAHC010244102025

2025:GAU-AS:15485

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

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Case No. : I.A.(Civil)/3602/2025

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ROKIB UDDIN AHMED

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S/O LATE MOFIZ UDDIN AHMED, RESIDENT OF VILLAGE AND PO NAGARBERA, PS NAGARBERA, DIST KAMRUP ASSAM, 781127

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VERSUS

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THE STATE OF ASSAM and ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY-06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) KAMRUP (R) DISTRICT PIN- 781382 4:THE BLOCK ELEMENTARY EDUCATION OFFICER CHAMARIA KAMRUP (R) DISTRICT PIN- 781126 5:THE STATE LEVEL HIGH POWER COMMITTEE REP. BY THE SENIOR MOST SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPTT. GHY-06 6:THE DISTRICT SCRUTINY COMMITTEE REP. BY ITS CHAIRMAN CUM DY. COMMISSIONER AMINGAON DISTRICT

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PIN- 781380

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7:NILAKANTHA TALUKDAR S/O LATE BENUDHAR TALUKDAR RESIDENT OF PIJUPARA PO AND PS NAGERBERA DIST KAMRUP ASASM 78112

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Advocate for the Petitioner : MR. M HOSSAIN, MD A WADUD,S KHAN

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Advocate for the Respondent : SC, ELEM. EDU,

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Linked Case : I.A.(Civil)/2586/2025

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ROKIB UDDIN AHMED S/O LATE MOFIZ UDDIN AHMED RESIDENT OF VILLAGE AND PO NAGARBERA PS NAGARBERA DIST KAMRUP ASSAM 781127

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VERSUS

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THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GHY-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) KAMRUP (R) DISTRICT PIN- 781382 4:THE BLOCK ELEMENTARY EDUCATION OFFICER

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CHAMARIA KAMRUP (R) DISTRICT PIN- 781126 5:THE STATE LEVEL HIGH POWER COMMITTEE REP. BY THE SENIOR MOST SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPTT. GHY-06 6:THE DISTRICT SCRUTINY COMMITTEE REP. BY ITS CHAIRMAN CUM DY. COMMISSIONER AMINGAON DISTRICT PIN- 781380 -----------Advocate for : MR. M HOSSAIN Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM

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Linked Case : WP(C)/2803/2021 NILAKANTHA TALUKDAR S/O- LT. BENUDHAR TALUKDAR VILL-PIJUPARA P.O. NAGARBERA P.S. NAGARBERA DIST.- KAMRUP (R) PIN- 781127 ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GHY-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) KAMRUP (R) DISTRICT PIN- 781382

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4:THE BLOCK ELEMENTARY EDUCATION OFFICER CHAMARIA KAMRUP (R) DISTRICT PIN- 781126 5:THE STATE LEVEL HIGH POWER COMMITTEE REP. BY THE SENIOR MOST SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPTT. GHY-06 6:THE DISTRICT SCRUTINY COMMITTEE REP. BY ITS CHAIRMAN CUM DY. COMMISSIONER AMINGAON DISTRICT PIN- 781380 7:ROKIBUDDIN AHMED (ASSTT. TEACHER) MADAN CHANDRA DAS M E SCHOOL PIJUPARA CHAMARIA BLOCK NAGARBERA KAMRUP (R) PIN- 781127 8:JOYPRAKASH THAKURIA (LANGUAGE TUTOR) HEADMASTER MADAN CHANDRA DAS M E SCHOOL PIJUPARA CHAMARIA BLOCK NAGARBERA KAMRUP (R) ASSAM PIN- 781127 -----------Advocate for : MR. A DEKA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 7 ORS

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 17-11-2025

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Heard Mr. M. Hossain, learned counsel for the applicant and Mr. N. J. Khataniar, learned Standing Counsel for the respondents/opposite parties.

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2. This interlocutory application, under Order 1 Rule 10 of the Code of Civil Procedure, is preferred by the applicant, for impleadment of the writ petitioner, namely, Nilakantha Talukdar, as opposite party No. 7, in I.A. (Civil) No. 2586/2025.

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3. The learned counsel for the applicant submits that Sri Nilakantha Talukdar, who is the petitioner in WP(C) No. 2803/2021, is required to be impleaded in I.A. (Civil) No. 2586/2025, as respondent/opposite party No. 7; as, said Nilakantha Talukdar has preferred one writ petition, being WP(C) No. 2803/2021 and the said writ petition was disposed of, vide order dated 17.02.2023, by directing the petitioner Nilakantha Talukdar, to file one appeal before the Secretary to the Government of Assam, School Education Department (Elementary)/ respondent No. 1, within a period of ten days from that day, with further direction that till disposal of the appeal, the interim order, dated 12.07.2021, passed in the said writ petition, shall continue.

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4. The learned counsel for the applicant further submits that since passing of the order on 17.02.2023, more than two years have elapsed; but, Sri Nilakantha Talukdar has not preferred any appeal before the respondent authorities, as directed by this Court and that the interim order, dated 12.07.2021, passed in the aforementioned writ petition is still operating, for which, the applicant herein

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is being deprived of his salaries. As such, to vacate the said interim order, the applicant has preferred one interlocutory application, being I.A. (Civil) No. 2586/2025 and the same is pending for adjudication before this Court and inadvertently, the said writ petitioner, in WP(C) No. 2803/2021, has not been impleaded as the respondent/opposite party, in I.A. (Civil) No. 2856/2025 and on such ground, the notice could not be issued to him. Therefore, this interlocutory application has been filed by the applicant, to allow amendment of I.A. (Civil) No. 2586/2025 and to implead said Sri Nilakantha Talukdar as respondent/opposite party No. 7.

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5. Mr. N. J. Khataniar, learned Standing Counsel for the respondents/opposite parties submits that he has no objection in the event of impleading Sri Nilakantha Talukdar as respondent/opposite party No. 7, in I.A. (Civil) No. 2586/2025.

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6. Having heard the submissions advanced by the learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the order, dated 17.02.2023 and the interim order, dated 12.07.2021; passed in WP(C) No. 2803/2021.

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7. Taking note of the submissions of the learned counsel for both the parties, this Court is inclined to allow this interlocutory application.

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8. Accordingly, Sri Nilakantha Talukdar, the writ petitioner in WP(C) No. 2803/2021, be arrayed as respondent/opposite party No. 7, in I.A. (Civil) No. 2586/2025.

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9. In terms of the above, this interlocutory application stands disposed of.

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10. In view of the order passed today in I.A. (Civil) No. 3602/2025, the learned

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counsel for the applicant in I.A. (Civil) No. 2586/2025, shall file an amended cause title, within a period of one week from today and on such amendment petition being filed, Registry shall list the matter before the Court, as soon as practicable.

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JUDGE

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Comparing Assistant

Rokib Uddin Ahmed v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Rokib Uddin Ahmed v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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