Smt Kabita Das Vs the State of Assam and 4 Ors.

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GAHC010196072025

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2025:GAU-AS:15018

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

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Case No. : WP(C)/6241/2025

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SMT KABITA DAS W/O SRI PRABHAT CHANDRA DAS ASSISTANT TEACHER SONIT KUWAR GAJEN BARUA HIGH SCHOOL GAMIRIPAL RD GAMIRIPAL DIST. SONITPUR, ASSAM PIN-784180

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION ELEMENTARY DEPT DISPUR GUWAHATI- 781006.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI PIN-781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER MAHABHAIRAB TEZPUR ASSAM PIN-784001 4:THE INSPECTOR OF SCHOOL SONITPUR DIST CIRCLE TEZPUR DIST SONITPUR ASSAM 5:THE TREASURY OFFICER SONITPUR DIST TREASURY MAHABHAIRAB TEZPUR DIST SONITPUR ASSAM PIN- 78400

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Advocate for the Petitioner : MS. S BORA, DR G J SHARMA

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

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

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07.11.2025

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Heard Ms. S. Bora, learned counsel for the petitioner; Mr. S. Pegu, learned standing counsel for the Elementary Education Department, being respondent Nos. 1 – 4; and Ms. R.M. Barooah, learned standing counsel for the Finance Department, being respondent No. 5.

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2. Ms. Bora, learned counsel for the petitioner submits that the petitioner was appointed as Assistant Teacher, in Panpur M.E. School, under the scheme of Operation Black Board (OBB) (4040), on 06.12.1999. Thereafter, on account of non-payment of salary, the petitioner and 18 other Assistant Teachers, approached this Court by filing a writ petition, being WP(C) No. 4425/2005 and the same was disposed of, vide order dated 06.09.2010, with a direction to the respondent authorities to pay their regular salary. Thereafter, the service of the petitioner was regularized along with 18 other Assistant Teachers and the petitioner was appointed in Gamiripal M.E. School.

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2.1. Ms. Bora further submits that the petitioner has not been granted the benefit of two time scale, though similarly situated teachers were granted the said benefit and that the petitioner was also placed under the New Pension Scheme, whereas the other teachers were placed under the Old Pension Scheme and being aggrieved, the petitioner on 23.04.2025, had filed a

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representation before the Inspector of Schools, Sonitpur district Circle. But, the same failed to evoke any response and as such, Ms. Bora submits that this writ petition may be disposed of by directing the respondent No. 4 to dispose of the representation dated 23.04.2025, filed by the petitioner, by a speaking order.

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3. Mr. Pegu, learned standing counsel for the Elementary Education Department, being respondent Nos. 1 – 4 and Ms. Barooah, learned standing counsel for the Finance Department, being respondent No. 5, submit that they have no objection in the event of disposing of this writ petition by directing the respondent No. 4 to dispose of the representation dated 23.04.2025.

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4. Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this writ petition by directing the respondent No. 4 to dispose of the representation of the petitioner dated 23.04.2025, by a speaking order, within a period of 4 (four) weeks from the date of receipt of certified copy of this order.

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5. The petitioner shall obtain a certified copy of this order and place the same along with a copy of this writ petition and the documents enclosed therewith before the respondent No. 4, within a period of 1 (one) week from today.

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6. In terms of above, this writ petition stands disposed of.

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JUDGE

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Smt Kabita Das v. the State of Assam and 4 Ors.

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Smt Kabita Das v. the State of Assam and 4 Ors.

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