Ikabal Ahmed Mazumder Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

Ikabal Ahmed Mazumder Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to the Mission Director, SSA (respondent no. 2) to consider and take an appropriate decision on the communication dated 16.08.2023 (Annexure G) as expeditiously as possible and at any rate within 4 (four) weeks from the date of receipt of the certified copy of the order.

Issue for consideration

Whether a direction should be issued to the Mission Director, SSA to consider and take an appropriate decision on the communication dated 16.08.2023 (Annexure-G) concerning preparation of the petitioner's salary bill, within a specified time frame.

Court's answer

This Court disposed of the writ petition, directing the Mission Director, SSA (respondent no. 2) to consider and take an appropriate decision on the communication dated 16.08.2023 (Annexure G) made by the Addl. Deputy Commissioner (Education)-cum-District Mission Coordinator, Hailakandi, as expeditiously as possible and at any rate within a period of 4 (four) weeks from the date of receipt of the certified copy of the order.

Detailed headnote1 paragraphs

Writ Petition (C) No. 5553 of 2024, Gauhati High Court, order dated 19-05-2025, Nelson Sailo, J. (single Judge): The petitioner, Head Teacher of Jitarmukh Amar Pathsala (LP School), applied for leave without pay w.e.f. 09.12.2021 to 08.12.2022; against his leave vacancy one Shri Kalyan Das was given additional charge of Member Secretary. By letter dated 05.05.2023 the Mission Office informed him that the leave was not granted and asked him to join immediately; he rejoined on 17.07.2023 forenoon but was not paid his salary. His limited prayer was that the communication dated 16.08.2023 (Annexure-G) from the Addl. Deputy Commissioner (Education)-cum-District Mission Coordinator to the Mission Director, SSA, seeking instruction on preparation of his salary bill, had not been acted upon. With the consent of the parties the petition was taken up and disposed of at the threshold, with a direction to the Mission Director, SSA (respondent no. 2) to consider and take an appropriate decision on the Annexure-G communication as expeditiously as possible, and in any event within 4 weeks of receipt of the certified copy of the order. Learned Standing Counsel, SSA raised no objection to the prayer.

Page No.# 1/3

GAHC010221162024

undefined

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

Case No. : WP(C)/5553/2024

IKABAL AHMED MAZUMDER

S/O- LATE ABDUL LATIF MAZUMDER, RESIDENT OF VILLAGE BARNAGAD, P.S.- ALGAPUR, P.O. KALIBARIBAZAR, DIST. HAILAKANDI, ASSAM

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY EDUCATION DEPARTMENT (ELEMENTARY) DISPUR, GUWAHATI-06

2:THE MISSION DIRECTOR AXOM SSA MISSION ASSAM KAHILIPARA GUWAHATI-19

3:DISTRICT MISSION COORDINATOR SSA MISSION HAILAKANDI

4:THE BLOCK ELEMENTARY EDUCATION OFFICER CUM BLOCK MISSION COORDINATOR SSA MISSION HAILAKAND

Advocate for the Petitioner : MR F Z MAZUMDER,

Advocate for the Respondent : SC, ELEM. EDU, SC, SSA

Page No.# 2/3

BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

ORDER

19-05-2025

Heard Mr. F. Z. Mazumdar, learned counsel for the petitioner and Mr. S. Bora, learned Standing Counsel, SSA. Also heard Mr. P. N. Sarma, learned counsel for the respondent no. 1.

2. Having regard to the nature of controversy projected by the petitioner, the writ petition is taken up for disposal at this stage with the consent of the parties.

3. It is the case of the petitioner that he applied for leave without pay w.e.f. 09.12.2021 to 08.12.2022 and against his leave vacancy as Head Teacher of Jitarmukh Amar Pathsala (LP School), one Shri Kalyan Das was entrusted additional charge of Member Secretary of the said School vice the petitioner. However, the petitioner vide letter dated 05.05.2023 was informed that his application for leave without pay for 2 years has not been granted by the Mission Office and therefore, he was asked to join immediately. The petitioner then joined back on 17.07.2023 forenoon but however he has not been paid his salary. Aggrieved, the present petitioner before this Court.

4. The learned counsel for the petitioner at this stage submits that the limited prayer of this petition is that a communication was made by the Addl. Deputy Commissioner (Education)-cum-District Mission Coordinator to the Mission Director, SSA on 16.08.2023 (Annexure-G) wherein he sought for necessary

Page No.# 3/3

instruction with regard to the preparation of salary bill of the petitioner. The said communication has not been acted upon by the Mission Director till date and therefore the learned counsel submits that a direction may be issued to the said authority to consider and take an appropriate decision in the matter within a specified time frame.

5. Mr. Bora, learned counsel, SSA does not have any objection to the said prayer.

6. In view of the above, with petition is disposed of with a direction to the Mission Director, SSA (respondent no. 2) to consider and take appropriate decision on the communication dated 16.08.2023 (Annexure G) made by the Addl. Deputy Commissioner (Education)-cum-District Mission Coordinator, Hailakandi as expeditiously as possible and at any rate within a period of 4 (four) weeks from the date of receipt of the certified copy of this order.

JUDGE

Comparing Assistant