Md. Abdul Alim Vs the State of Assam and 3 Ors.

Heard Mr. A. R. Bhuyan, learned Senior Counsel for the petitioner. Also heard Ms. P. Das, learned Standing Counsel, Secondary Education Department, Govt. of Assam.

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[2.] On 30.04.2026, Court passed the following Order:

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“BEFORE

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HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 30.04.2026

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Heard Mr. A. R. Bhuyan, learned Senior Counsel assisted by Mr. N. A. Mazarbhuiya, learned counsel for the petitioner, who submits that the petitioner is aggrieved with the Order dated 10.03.2026 insofar as he is concerned. He submits that the petitioner has been deployed from school where he is working i.e. Vivekananda Vidyalaya Higher Secondary School, Digboi to Savitri T.E. Model School. He submits that as per the said Order, the petitioner is to report and join on the day of the inauguration and the posting is done by way of deployment which is rather unusual.

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The learned Senior Counsel submits that since the new school where he has been deployed is at a distance of about 40 kms from the place of his residence and there is no proper transportation coupled with the fact that the petitioner is also a person who has undergone surgery. The petitioner has therefore submitted a representation before the Inspector of Schools, Tinsukia District Circle, Tinsukia on 13.03.2026 requesting re-consideration of his deployment but instead of considering the same the respondent

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authorities concerned have issued a show-cause notice to him on 27.04.2026 requiring to show cause within three (3) days from the date of receipt of the notice as to why disciplinary action should not be taken against him for not complying with the Order of posting. The petitioner has also submitted his reply to the show-cause notice on 29.04.2026 but as he apprehends that departmental proceeding will be drawn against him without considering his representation, the petitioner is before this Court.

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Ms. P. Das, learned Standing Counsel, Secondary Education Department submits that since matter has been taken up as an unlisted motion today, she would require some time to get instructions in the matter.

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As prayed for, let the matter be listed on 06.05.2026.

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An extra copy of the writ petition be furnished to Ms. P. Das, learned Standing Counsel, to enable her to obtain instructions.

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It is further provided herein that till the next returnable date, the respondent authorities shall not take any coercive steps against the petitioner. Further, the respondents are not barred from considering and disposing of the representation submitted by the petitioner.”

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[3.] Today, Ms. P. Das, learned Standing Counsel, Secondary Education Department, Govt. of Assam, submits that as per the instructions received by her, the petitioner has not joined the School to which he has been posted and that he has also not submitted any documents to support his contention that he is facing medical hardship. Further, she submits that in order to ensure that the School in the tea garden gets the facility of education; the department has issued the transfer and posting order. She also submits that the Inspector of Schools, Tinsukia District Circle, Tinsukia has also issued a show-cause notice to the petitioner on 27.04.2026 since it is found that he has not joined the post where he is posted.

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[4.] When the matter was listed on 30.04.2026, this Court had also directed that the respondent authorities shall not take any coercive steps against the petitioner and that they are not debarred from disposing of the representation.

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[5.] Today, the instructions of Ms. P. Das, does not indicate that the representation has been disposed of and in fact it is submitted that there are no supporting documents against the medical condition claimed by the petitioner.

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[6.] Taking into account the submissions made by the parties and on perusal of the materials available on record, this Court is of the considered view that the respondent authorities should consider and dispose of the representation of the petitioner by way of a Speaking Order. Since, the petitioner has not enclosed any supporting documents in order to convince the authorities about his medical condition, the petitioner shall file a fresh representation before the Director of Secondary Education, Govt. of Assam, on or before 11^th of May, 2026 along with all documents in support of his claim. The Director of Secondary Education, shall thereafter, consider the representation and dispose of the same by way of a Speaking Order within a period of one (1) week. Till disposal of the representation as directed hereinabove, the status-quo directed in terms of the Order dated 30.04.2026 shall remain.

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[7.] With the above observations and directions, the writ petition stands disposed of.

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JUDGE

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Md. Abdul Alim v. the State of Assam and 3 Ors.

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Md. Abdul Alim v. the State of Assam and 3 Ors.

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