Disposed¶29

The State of Assam v. Jiban Baruah and 7 Ors.

Gauhati HC12 Jun 2025WP(C)/7624/2015

Case brief

AI extract

What is this about?

State of Assam v. Jiban Baruah and 7 Ors.; Gauhati High Court; WP(C)/7624/2015; disposed 13-06-2025; Justice Sanjay Kumar Medhi; Assam Administrative Tribunal Case No. 7 ATA/2010; order dated 22.01.2013; arrear salaries and stipend; fresh engagement as Tutors; condition not to claim past service benefits; impugned order otiose; writ petition disposed without adjudication.

What did the court decide?

None; the writ petition was disposed of without adjudication, no relief being granted or refused on merits. ¶29

The State of Assam Vs Jiban Baruah and 7 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010027722015

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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)/7624/2015

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THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GHY- 6.

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VERSUS

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JIBAN BARUAH and 7 ORS. S/O- SRI MINARAM BARUAH, R/O VILL.- DORIA, ALICHIZA, MAJULI, P.O.KAMALABARI, DIST.- JORHAT, ASSAM.

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2:NITYANANDA NATH C/O- MATHURA NATH R/O VILL.- RANASHAI NOGAON P.S.- JENGRAIMUKH DIST.- JORHAT ASSAM.

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3:KHETRADHAR NATH S/O- SRI UMARAM NATH R/O- RANGASHAIL P.S.- JENGRAIMUKH DIST.- JORHAT ASSAM.

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4:BIKASHA CHANDRA BHARALI C/O- SRI SHISHU RAM BHARALI R/O VILL.- PURANA SAMAGURI P.S. and P.O.- BONGAON DIST.- JORHAT.

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5:DEBASISH BORA S/O- KOSHA BORA

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Page No.# 2/3

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R/O VILL.- PHOTSANG MAJULI P.S.- NATUN BAZAR DIST.- JORHAT ASSAM. 6:DIPIKA KALITA D/O- MATHURA NATH R/O VILL.- PHOOLANI NO. 1 P.O.- KARHESHU P.S.- JENGRAIMUKH DIST.- JORHAT ASSAM. 7:PHULESWARI BORA C/O- SRI KASHU BORA R/O VILL.- PANIKHAITI P.O.- MANGAMARI P.S.- NATUN BAZAR DIST.- JORHAT ASSAM. 8:RANJUMANI DEVI W/O- JAN MANI NATH R/O VILL.- SONARIATI P.O.- RANGSHAI P.S.- JENGRAIMUKH DIST.- JORHAT ASSAM

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Advocate for the Petitioner : MR.N SARMA, MR.D CHETIA,MR.R MAJUMDAR

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Advocate for the Respondent : MS.N S THAKURIAR- 1 - 8, MS.P DEB(R-1 - 8),MR.K K MAHANTA

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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13-06-2025

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Heard Shri R. Mazumdar, learned Standing Counsel, Elementary Education Department. Also heard Shri S. Gautam, learned counsel for the contesting respondents.

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Page No.# 3/3

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The present writ petition was instituted against an order dated 22.01.2013 passed by the learned Assam Administrative Tribunal in Case No. 7 ATA/2010. By the impugned judgment, the State was directed to release the arrear salaries and stipend to the contesting respondents.

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However, during the pendency of this writ petition, there are subsequent developments which would have a material bearing in the adjudication of this case.

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Shri Mazumdar, the learned Standing Counsel has submitted that the matter at hand including all similar matters were the subject matter of a detailed examination whereafter the contesting respondents and similarly situated persons were given fresh engagements as Tutors with however a condition not to claim any past service benefits.

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Shri Gautam, the learned counsel for the contesting respondents has endorsed the aforesaid submission and has acknowledged that the contesting respondents have in the meantime joined their new assignments.

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In view of the aforesaid development, this Court is of the opinion that there would be no requirement to adjudicate this writ petition as the impugned order has become otiose.

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Writ petition accordingly stands disposed of.

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Comparing Assistant

The State of Assam v. Jiban Baruah and 7 Ors.

Case brief

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The State of Assam v. Jiban Baruah and 7 Ors.

Case brief

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