Jamshed Ali Sheikh and 2 Ors. Vs the State of Assam and 9 Ors.

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GAHC010014792026

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2026:GAU-AS:3824

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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)/783/2026

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JAMSHED ALI SHEIKH AND 2 ORS

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RETIRED RESOURCE TEACHER AND HEADMASTER OF GERAMARI M.E. SCHOOL UNDER DISTRICT ELEMENTARY EDUCATIONOFFICER, DHUBRI,VILLAGE. - ALOMGANJ PT-II,P.O.- ALOMGANJ, P.S.GAURIPUR,DIST DHUBRI, ASSAM, PIN 783339

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2: SAMPAT LAL KHETAWAT RETIRED RESOURCE TEACHER AND HEAD MASTER OF BISHKURA M.E SCHOOL UNDER DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI VILLAGE. - DAKHIN TOKLRERCHARA PT-IV P.O. P.S.- GOLAKGANJ DIST DHUBRI ASSAM PIN 783334.

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3: MIR KASHEM SK

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RETD. R/T ASSTT. TEACHER OF MALIRCHAR M.E. SCHOOL UNDER DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI VILLAGE. - CHARBARI P.O.- PURAN DIARA P.S.- MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSAM PIN 783135

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VERSUS

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THE STATE OF ASSAM AND 9 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE ESTT.-ADEPARTMENT ASSAM DISPUR GUWAHATI-6. 3:THE DIRECTOR OF SCHOOL EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER P.O- DHUBRI DIST- DHUBRI ASSAM.PIN-783301. 6:THE DISTRICT MISSION CO ORDINATOR SSA SARBA SIKHSA ABHIJAN ASSAM P.O DHUBRI DIST-DHUBRI ASSAM.PIN-783301. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR P.O - GAURIPUR DIST- DHUBRI ASSAM 783339 8:THE BLOCK ELEMENTARY EDUCATION OFFICER AGOMONI P.O- AGOMONI DIST- DHUBRI ASSAM.PIN-783335. 9:THE BLOCK ELEMENTARY EDUCATION OFFICER

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SOUTH SALMARA MANKACHAR P.O- SOUTH SALMARA DIST-SOUTH SALMARA MANKACHAR

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ASSAM.PIN-783135.

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10:THE INSPECTOR OF SCHOOLS P.O. DIST - DHUBRI ASSAM.PIN-783301.P.O- GAURIPUR DIST-DHUBRI ASSAM. 783339

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Advocate for the Petitioner : J MEDHI, MS. N M LONGKENG,R BORAH,MR. P DAIMARY Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,SC, SSA

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 16-03-2026

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Heard Mr. P. Daimary, learned counsel for the petitioners. Also heard Ms. N. Phukan, learned Standing Counsel, Elementary Education and Mr. A. Chaliha, learned Standing Counsel, Finance Department.

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2. Considering the limited prayer made in this writ petition and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the motion stage itself.

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3. The petitioners, three in number, are retired Headmasters and Assistant Teachers of the M.E. Schools in the Districts of Dhubri and South Salmara. The petitioners, along with five others, had earlier approached this Court by filing a writ petition being WP (C) No. 2038/2025, seeking a direction to the respondent authorities to pay Earned Leave encashment benefits for a maximum period of 300 days, calculated at 30 days per year, after deducting the period of leave encashment benefits already paid to the petitioners, similar to employees of the non-vacation Department.

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4. This Court, by an order dated 11.04.2025, disposed of the said writ petition with a direction to the petitioners to file individual representations before the Director of Secondary Education, Government of Assam, within one month from the date of the order, raising their grievances. Thereafter, the Director of Secondary Education was directed to consider the representations and pass a reasoned order in accordance with the settled law within two months from the date of receipt of the representations.

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5. It is the contention of the learned counsel for the petitioners that the cases of the other five retired Headmasters and Assistant Teachers of Secondary Education have already been considered. However, since the earlier direction was to the Director of Secondary Education and not to the Director of Elementary Education, the Director of Secondary Education, having no jurisdiction over the matter, refused to consider the cases of the petitioners. Therefore, it is submitted that a similar direction may be issued to the Director of Elementary Education to consider the grievance of the petitioners for which, the petitioners may be allowed to file individual representations.

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6. Having considered that the case of the petitioners has not been considered solely on the ground that the Director of Secondary Education has no authority and jurisdiction to consider their cases and as the Director of Elementary Education is the competent authority to consider their grievances and inadvertently the petitioners herein, have not sought a direction to the Director of Elementary Education as well as, as agreed to by the learned counsel for the parties, I deem it appropriate to dispose of this writ petition with a direction to the petitioners to file individual representations before the Director of Elementary Education, Government

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of Assam, within a period of 1 (one) month from today and on receipt of such representations, the Director of Elementary Education shall consider the representations and pass a reasoned order in accordance with law, within a period of 2 (two) months from the date of receipt of the individual representations that would be filed by the petitioners.

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7. The writ petition stands disposed of, with the above direction.

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JUDGE

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Jamshed Ali Sheikh and 2 Ors. v. the State of Assam and 9 Ors.

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Jamshed Ali Sheikh and 2 Ors. v. the State of Assam and 9 Ors.

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