Dismissed¶¶27

Mrs Reeta Das Alias Reeta Das Hazarika v. the State of Assam and 5 Ors.

Gauhati HC3 Jun 2025WP(C)/3021/2025

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/3021/2025; Sanjay Kumar Medhi, J.; 04-06-2025; premature writ petition; writ filed one day after representation; cause of action not yet arisen; rushing to court deprecated; Rule 114 Assam Services Pension Rules 1969; Head Assistant service benefits; retrospective promotion; Handique Girls College; superannuation 31.05.2025; Director of Higher Education Assam; dismissal with costs Rs.10,000 to Gauhati High Court Bar Association Welfare Fund; liberty to re-approach if grievance unredressed.

What did the court decide?

Writ petition dismissed with a cost of Rs.10,000 to be deposited in the name of the Gauhati High Court Bar Association Welfare Fund; liberty reserved to approach the Court at an appropriate time if grievances are not redressed by the authorities. ¶¶27

Mrs Reeta Das Alias Reeta Das Hazarika Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶27

Issue for consideration

Whether the petitioner, who was the senior-most Senior Assistant of Handique Girls College holding charge of Head Assistant and superannuated on 31.05.2025, is entitled to the service benefits of Head Assistant under Rule 114 of the Assam Services Pension Rules 1969, and to retrospective promotion as claimed in the prayer. +1 more

¶¶22

Court's answer

The Court did not adjudicate the merits of the petitioner's claim to Head Assistant benefits under Rule 114 or retrospective promotion; liberty was reserved to the petitioner to approach the Court at an appropriate time if the grievances are not redressed by the authorities.

¶¶27

Ratio / Principle

The attitude of rushing to the Court one day after submitting a representation, without giving the authorities a scope for redressal of grievance, is highly deprecated as it leads to unnecessary increase in the pendency of Court cases.

¶¶26

Key takeaways

On that basis the writ petition is dismissed with a cost of Rs.10,000 (Rupees Ten Thousand) only, to be deposited in the name of the Gauhati High Court Bar Association Welfare Fund.ratio¶¶27

Detailed headnote1 paragraphs

Gauhati High Court (Sanjay Kumar Medhi, J.), order dated 04-06-2025 in WP(C)/3021/2025: A writ petition by a superannuated employee of Handique Girls' College, claiming service benefits of Head Assistant under Rule 114 of the Assam Services Pension Rules 1969 and retrospective promotion, was dismissed. The petition was filed on 30.05.2025 — one day after a representation dated 29.05.2025 to the Director of Higher Education, and a day before the alleged cause of action (superannuation on 31.05.2025). The Court held that rushing to Court without giving the authorities a scope for redressal of grievance is 'highly deprecated' as it unnecessarily increases pendency. The petition was dismissed with a cost of Rs.10,000 (Rupees Ten Thousand) payable to the Gauhati High Court Bar Association Welfare Fund, with liberty to approach the Court afresh at an appropriate time if grievances remain unredressed; the merits of the claim were not decided.

Page No.# 1/3

GAHC010118532025

undefined

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

¶5

Case No. : WP(C)/3021/2025

¶6

MRS REETA DAS ALIAS REETA DAS HAZARIKA W/O-SRI JAYANTA HAZARIKA,R/O-SOUTH SARANIA, GANDHI MANDAP ROAD, P.O.- ULUBARI, GUWAHATI-781007, KAMRUP (METRO) DISTRICT, ASSAM

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI-781006,ASSAM.

¶9

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (HIGHER) DEPARTMENT DISPUR GUWAHATI-781006 ASSAM.

¶10

3:THE DIRECTOR OF HIGHER EDUCATION

¶11

ASSAM KAHILIPARA GUWAHATI-781019 ASSAM 4:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-781029

¶12

5:THE HANDIQUE GIRLS COLLEGE REPRESENTED BY THE PRINCIPAL AND SECRETARY OF THE GOVERNING

¶13

Page No.# 2/3

¶14

BODY PAN BAZAR GUWAHATI-781001 KAMRUP (M) ASSAM.

¶15

6:THE PRINCIPAL THE HANDIQUE GIRLS COLLEGE PAN BAZAR GUWAHATI-781001 KAMRUP (M) ASSAM

¶16

Advocate for the Petitioner : MR S KHOUND, MS. S. SAIKIA,MS. N BORAH

¶17

Advocate for the Respondent : SC, HIGHER EDU, SC, AG

¶18

BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

¶19

ORDER

¶20

04-06-2025

¶21

Heard Shri S. Khound, learned counsel for the petitioner.

¶22

It is the case of the petitioner that she was the senior most Senior Assistant of the Handique Girls College, Guwahati and was holding the charge of Head Assistant. The petitioner had superannuated on 31.05.2025 and the present case is with a claim of giving her the service benefits of the Head Assistant and in this regard Rule 114 of the Assam Services Pension Rules 1969 has been referred to. In the prayer portion however, there is another aspect regarding a claim for retrospective promotion.

¶23

Also heard Shri D. Upamanyu, learned Standing Counsel of the Department.

¶24

However, what intrigues this Court is that this writ petition was filed on 30.05.2025 for a cause of action which might have arisen on 31.05.2025. It

¶25

Page No.# 3/3

¶26

appears from the petition that on 29.05.2025, a representation was submitted by the petitioner to the Director of Higher Education and immediately on the next date, i.e. 30.05.2025, the instant petition has been filed. Such attitude on the part of the petitioner to rush to the Court even without giving the authorities a scope for redressal of grievance if any, is highly deprecated as it leads to unnecessarily increasing the pendency of Court cases.

¶27

Accordingly, this writ petition is dismissed with a cost of Rs.10,000/(Rupees Ten Thousand) only which is to be deposited in the name of Gauhati High Court Bar Association Welfare Fund. Liberty is however given to approach the Court at an appropriate time, if the grievances are not redressed in the hands of the authorities.

¶28

JUDGE

¶29

Comparing Assistant

Mrs Reeta Das Alias Reeta Das Hazarika v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Mrs Reeta Das Alias Reeta Das Hazarika v. the State of Assam and 5 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

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Jaymati Brahma Vs the State of Assam and 5 Ors.

Askar Ali Ahmed Vs the State of Assam and 8 Ors.

Gita Rani Das Vs the State of Assam and 4 Ors.

Samiran Mochahary and 115 Ors. Vs the Boroland Territorial Council Btc and 5 Ors.

Smti. Minu Nath Vs the State of Assam and Ors.

MD Sourhab Ali Vs Smt Pomi Baruah, Acs