GAHC010023712025

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/814/2025

SRI CHAKRADHAR BASUMATARY

S/O GAJEN BASUMATARY, VILLAGE DOBGAON PART II, KHASIBARI NEAR SAI COMPLEX, P.S KOKRAJHAR, DISTRICT KOKRAJHAR (B.T.A.D), ASSAM

VERSUS

THE STATE OF ASSAM AND ORS

REPRESENTED BY THE COMMISSIONERS AND SECRETARY TO THE GOVT ASSAM , EDUCATION (ELEMENTRY ) DEPARTMENT DISPUR, GUWAHATI 6

2:THE DIRECTOR OF ELEMENTARY EDUCATION

KAHILIPARA GUWAHATI 19

3:THE DIRECTOR OF EDUCATION

BODOLAND TERRITORIAL COUNCIL

KOKRAJHAR

ASSAM

4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

KOKRAJHAR

ASSAM

5:THE BLOCK ELEMENTARY EDUCATION OFFICER

KOKRAJHAR

ASSAM

6:THE HEADMASTER

LABANYA LP SCHOOL

ULTAPANI KOKRAJHAR

ASSAM 78337 Advocate for the Petitioner : MR. A IKBAL, MS. J SARMA,MS. M NATH Advocate for the Respondent : SC, BTC, SC, ELEM. EDU BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER

03.12 .2025 Heard Mr. A. Ikbal, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.1 and 2 and Mr. A.K. Bhuyan, learned standing counsel, BTC, appearing for the respondent Nos.3—5.

2. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to release the arrear salary along with current salary.

3. Mr. Ikbal, learned counsel for the petitioner submits that the petitioner was appointed as an Assistant Teacher by the Director of Education, Bodoland Territorial Council, Kokrajhar, on 20.01.2015. The petitioner joined his service and he was posted at 317 No. Khargaon L.P. School. Thereafter, he was transferred to Labanyapur L.P. School, under Kokrajhar Block. After joining in the said school, the petitioner received continuous threat from local organizations, politicians and some unknown persons of the said locality, for which the petitioner could not attend the school and subsequently, he was attacked by the said persons and since the month of September, 2016 onward, he could not attend the school, but on improvement of the situation, he joined w.e.f. 16.08.2022 and in spite of the service being rendered by him regularly, he has not been paid salary till date. The petitioner has also filed one representation on 22.10.2024, but the same has failed to evoke any response from the respondent authorities and under such circumstances, Mr. Ikbal has contended to allow this petition by directing the respondent authorities to pay the arrear and current salary of the petitioner.

4. The respondent No.4, the District Elementary Education Officer has filed one affidavit-in-opposition on 24.09.2025, and one additional affidavit on 21.11.2025. In the affidavit-in-opposition dated 24.09.2025, it is stated that as per attendance report, the petitioner was not regular in duty and absent for many days and under pressure exerted by the petitioner, the Headmaster of Labanyapur L.P. School has issued one certificate on 29.09.2023, which was prepared by the petitioner himself and that the petitioner was not under threat from any local organizations or politicians or other unknown persons and the petitioner has neither communicated in writing to the Education Department till today nor he lodged any FIR with the police and he remained unauthorizedly absent since 01.09.2016 to October, 2023 without any reason and an enquiry was conducted by the Education Department and the petitioner was found absent unauthorizedly for 1088 days, without authorized leave and the monthly salary of the petitioner was stopped from the month of April, 2018 onward.

5. The respondent No.4 has one the additional affidavit, wherein it is stated that the petitioner did not submit any representation in between 2018 till October, 2024 for resumption of duties and the petitioner is not entitled to salary on the principle of 'no work no pay'. The respondent No.4 has filed another additional affidavit on 03.12.2025, wherein i