Tahminur Khatun v. the State of Assam and Ors.
Case brief
What is this about?
Gauhati High Court, WP(C)/4347/2025 (decided 04.08.2025): reinstatement claim by an LDA of a private degree college at Gossaigaon, Kokrajhar after roughly two years' absence (illness/paralysis/pregnancy); dismissed in limine because receipt of the leave applications/representation by the Principal was not established and no material on service status was produced; BTC Executive Member's 27.08.2024 letter held insufficient; cited precedents (2003 (2) GLT 6; 2008 (3) GLT 760; (2015) SCC Online Gau 871) held distinguishable. Search terms: unauthorised absence; leave without sanction; abandonment; reinstatement; acknowledgement of representation; Bodoland Territorial Council; Sankosh/Rabi Haji Degree College; Hage Bida; Z. R. Remtluanga; Anamika Acharya.
What did the court decide?
The representations submitted by the petitioner did not indicate receipt by the College Principal, and the writ petition nowhere stated that they were in fact received; it therefore appeared that the petitioner abstained from her duties on her own volition from 01.08.2022 to 14.08.2024.