GAHC010217012023 2025:GAU-AS:16157 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5633/2023 OLIVA DAS W/O- BIBHUTI BORGOHAIN, R/O- HOUSE NO- 6, BHASKAR NAGAR, R.G BARUA ROAD, GUWAHATI-21, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-781006.

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI- 781006

3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION ELEMENTARY EDUCATION DISPUR GUWAHATI- 781006

4:THE DIRECTOR STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING (SCERT)

ASSAM KAHILIPARA GUWAHATI-19

5:THE PRINCIPAL DISTRICT INSTITUTE OF EDUCATION AND TRAINING (DIET)

DIBRUGARH CHABUA DIST- DIBRUGARH ASSAM

6:THE MISSION DIRECTOR DISTRICT ELEMENTARY EDUCATION OFFICER AXOM SARBA SIKSHA ABHIJAAN MISION KAHILIPARA GUWAHATI-19

7:THE DISTRICT MISSION COORDINATOR AXOM SARBA SIKSHA ABHIJAAN MISSION TINSUKIA DIST- TINSUKIA ASSA Advocate for the Petitioner : MR. R B PHOOKAN, R SARMAH,MR K J HAZARIKA Advocate for the Respondent : SC, ELEM. EDU, SC, SSA,SC, SCERT, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

Date : 27/11/2025

1. Heard Mr. R.B. Phookan, learned counsel for the petitioner. Also heard Mr. S.K. Talukdar, learned Standing Counsel, Elementary Education Department, Assam and Ms. H. Barvah, learned counsel for the respondent nos. 4, 6 & 7.

2. The petitioner’s case is that the impugned order dated 08/08/2023 passed by the Secretary to the Government of Assam, Department of Education, regretting the grant of leave to the petitioner and not allowing her to join the post of Lecturer at CMDE Branch of DIET, should be set aside.

3. The brief facts of the case is that the petitioner had joined the post of Lecturer, DIET on 01/09/1989. Thereafter, the service of the petitioner was regularised vide order dated 17/06/1994. By a subsequent notification dated 18/12/2002 issued by the Commissioner and Secretary, Education Department, the service of the petitioner was transferred and attached with the District Resource Centre, Tinsukia under Sarba Siksha Abhiyan (SSA) as Lecturer, DIET and accordingly, the petitioner joined the District Resource Centre, Tinsukia on 27/01/2003. The petitioner was thereafter allowed to work as Coordinator, District Resource Centre, Tinsukia, vide order dated 08/04/2003, which the petitioner joined on 21/04/2003.

4. The petitioner’s further case is that the petitioner thereafter applied for leave on medical grounds from 01/05/2005 till the year 2009, by submitting various leave applications. However, no decision was taken on the petitioner’s leave applications by the respondents. The petitioner thereafter continued taking leave for the period from 2009 to 2013, without submitting any application for leave for the said period. The petitioner tried to join her post in the year 2013, which was however not allowed by the respondents. Being aggrieved by the respondents not allowing the petitioner to rejoin her post, the petitioner filed WP(C) 650/2019 before this Court, praying that a direction should be issued to the Commissioner and Secretary to the Government of Assam, Education (Ele) Department, to take a decision on the petitioner’s representations for grant of leave for the period from 2005 to 2009.

5. This Court disposed of WP(C) 560/2019, vide order dated 05/08/2019, by directing the respondent authorities, more particularly, the Commissioner and Secretary to the Government of Assam, Education (Ele) Department, to pass appropriate orders by considering the representations submitted by the petitioner. Consequent to the above order dated 05/08/2019 passed in WP(C) 650/2019, the impugned order dated 08/08/2023 has been issued by the Secretary to the Government of Assam, Department of School Education, regretting the petitioner’s applications for leave or to allow her to