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GAHC010083542026

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2449/2026

KUSHAL BURAGOHAIN AND 5 ORS

S/O LATE MONESWAR BURAGOHAIN, RESIDENT OF DEMOW, SUKAN

PUKHURI, P.O.- NOHAT, DIST.- SIVASAGAR, ASSAM

2: CHENIRAM BORUAH

S/O MOTILAL BORUAH

RESIDENT OF KATHPARA GAON

P.O.- BANMUKH

DIST.- SIVASAGAR

ASSAM. PIN- 785663

3: KUNJALATA DEHINGIA

C/O ANANDA DEHINGIA

RESIDENT OF PANBECHA GAON

P.O.- BETENA

DIST.- SIVASAGAR

ASSAM. PIN- 785663

4: FIROOZ AHMED

S/O MUSLIM ALI

RESIDENT OF WEST JAMUNA ROAD

DIST SIVASAGAR

ASSAM. PIN- 785640

5: SIRAJATDIN

S/O TOSLIMOTDIN AHMED

RESIDENT OF DICHANG GHAT

P.O.- DICHANG GHAT

DIST.- SIVASAGAR

ASSAM. PIN- 785672

6: KALPANA SAIKIA

W/O HITESWAR GOGOI

RESIDENT OF RAJMAL GRANT

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P.O.- RAJMAL

DIST.- SIVASAGAR

ASSAM. PIN- 78567

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,

DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI- 781006

2:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI- 781019

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)

SIVASAGAR

P.O. AND P.S. SIVASAGAR

DIST SIVASAGAR

ASSAM

PIN- 785640

4:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO)

DEMOW EDUCATION BLOCK

DEMOW

DIST.- SIVASAGAR

ASSAM. PIN- 78566

Advocate for the Petitioner : MR. A M AHMED, MR. S U AHMED,A R MONDAL

Advocate for the Respondent : SC, ELEM. EDU,

BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

13.05.2026

Date :

Heard Mr. S.U. Ahmed, learned counsel for the petitioner.

The petitioners who have been accommodated as Assistant Teacher in LP/UP School

on temporary basis by separate orders dated 30.01.2021 are aggrieved by the non-payment of

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arrear salary for the period w.e.f. 01.11.2020 to 31.01.2021.

It is the contention of the petitioners that initially they were appointed as Assistant

Teacher in the year 1995-96. However, their salaries were stopped in the year 2007 as the

appointments of the petitioners were alleged to be illegal/irregular, which were subjected to

Screening Committee. Subsequently, they were accommodated as Assistant Teachers in

L.P./U.P. School w.e.f. 01.11.2020. Therefore, the petitioners are entitled to get the arrear

salaries for the period w.e.f. 01.11.2020 to 31.01.2021.

Issue notice, returnable by 4 (four) weeks.

As Mr. P.N. Sarma, learned Standing Counsel, Elementary Education Department has

entered appearance and accepted notice on behalf of all the respondents, no formal notice need

to be issued not the said respondents. However, requisite extra copies of the writ petition be

furnished to the learned counsel for the respondents within 2 (two) days from today.

List after 4 (four) weeks.

JUDGE

Comparing Assistant