GAHC010245242025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6424/2025

SHAMS UDDIN BARBHUIYA

S/O- LATE ABDUL KAYUM BARBHUIYA, R/O- WARD NO. 1, HAILAKANDI

TOWN, P.O. VICHINGCHA, P.S. AND DIST. HAILAKANDI, ASSAM, PIN-

788152.

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,

DEPARTMENT OF SCHOOL EDUCATION, DISPUR, ASSAM, GUWAHATI-6.

2:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-19.

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

HAILAKANDI

DIST. HAILAKANDI

ASSAM

PIN- 788151.

4:THE BLOCK ELEMENTARY EDUCATION OFFICER

ASSAM

PIN- 788151

Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR,MS D DUTTA

Advocate for the Respondent : SC, SEC. EDU.,

BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER

14.11 .2025 Heard Mr. H.A. Laskar, learned counsel for the petitioner and also heard Ms. S.

Chutia, learned standing counsel, Education (Elementary) Department, appearing for the respondents.

The learned counsel for the petitioner submits that the petitioner is serving as Assistant Teacher under Hailakandi Education Block and he was placed under suspension vide order dated 21.06.2022, pending drawal of departmental proceeding against him. Thereafter, vide order dated 03.03.2023, the suspension order was revoked and the petitioner was reinstated in service. But, the suspension period, from 21.06.2022, till 03.03.2023, has not been regularized and he has also not been paid the consequential arrear salary and allowances, in violation of the Fundamental Rule 54-B and the departmental proceeding initiated against him is also not concluded for last 3 years by issuing any final order, and being aggrieved, the petitioner approached this Court by filing the present petition.

Let notice be issued to the respondents, returnable within 4(four) weeks.

However, no formal notice is required to be issued to the respondents, as all the respondents are duly represented. But, extra requisite copy of the petition be served upon Ms. Chutia during the course of the day.

List the matter after 4(four) weeks.

In the meantime, Ms. Chutia shall file her affidavit-in-opposition.

The learned counsel for the petitioner submits that he has also filed one representation on 15.07.2025 to the Director of Elementary Education for regularization of his suspension period, and the same has not yet been disposed of. And accordingly, it is provided that pendency of this writ petition will not stand as a bar in disposing of the aforesaid representation of the petitioner by the respondent authorities by a speaking order.

Sd/- Robin Phukan JUDGE Comparing Assistant