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GAHC010207312023

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5493/2023

NILOY DUTTA

S/O- LT. NABAJIBAN DUTTA, R/O- ITKHOLA, P.W.D. BYE LANE, SILCHAR-1

P.O./P.S.- SILCHAR, DISTRICT- CACHAR, ASSAM, PIN NO- 788001

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT

OF EDUCATION (SECONDARY) GOVERNMENT OF ASSAM, DISPUR,

GUWAHATI-06

2:THE PRINCIPAL SECRETARY

FINANCE DEPARTMENT

DISPUR

GUWAHATI-6

DISTRICT- KAMRUP

ASSAM

3:THE DIRECTOR OF SECONDARY EDUCATION

KAHILIPARA

GUWAHATI-19

DISTRICT- KAMRUP

ASSAM

4:INSPECTOR OF SCHOOL

CDC

SILCHAR

DIST.- CACHAR

5:THE PRINCIPAL

RCBP H.S. SCHOOL

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JOYPUR

RAJABAZAR

P.O.- JOYPUR RAJABAZAR

DISTRICT- CACHAR

ASSAM

Advocate for the Petitioner : MS N SAIKIA, MRS. R MAHANTA

Advocate for the Respondent : SC, SEC. EDU., MR. JUNM LASKAR (R-5),MS. J GHOSH(R-

5),SC, FINANCE DEPTT.

BEFORE

HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 13.05.2026

Heard Ms. N. Saikia, learned Counsel for the petitioner assisted by Mr. N.Z.

Rahman, learned Counsel, Mr. R. Mazumdar, learned Counsel for the respondent

no.5 as well as Ms. H. Terangi, learned Standing Counsel for Secondary

Education Department.

By this application filed under Article 226 of the Constitution of India, the

petitioner has prayed for regularization of her leave period as well as to release

the arrear salary and the yearly increments with effect from 01.11.2006 to

03.09.2012 and also for expunging the adverse remark made in the service

book.

The case of the petitioner is that he was appointed as a Subject Teacher in

Mathematics in R.C.B.P Higher Secondary School, Rajabazar on 08.11.1994 and

his services was regularized vide order dated 30.08.2001 with effect from

08.11.1994. Thereafter, the petitioner states that during his service career, he

was treated for his heart ailment and that he applied for leave by a number of

applications. The first one was for the period from 15.03.2006 to 18.04.2006

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and the same was regularized vide order dated 03.06.2008, thereafter, another

leave application was allowed for a period of 80 days with effect from

01.03.2006 to 14.03.2006 (14 days) then 19.04.2006 to 23.06.2006 ( 66 days)

and 24.06.2006 to 30.06.2006 which was again regularized by the authorities.

However, thereafter the petitioner stated that he had applied for leave on

various dates starting from 01.11.2006 to 03.09.2012 but the said period was

not regularized by the authorities on the ground that no application was

submitted for his leave.

The learned Counsel for the petitioner, however, submits by showing the

necessary documents that the petitioner initially had undergone treatment in

the Silchar Medical College and Hospital, Silchar and was admitted in the said

hospital on 01.03.2006 and was discharged on 09.03.2006 and ,thereafter, he

was again admitted in Christian Medical College, Vellore on 27.03.2006 and was

discharged on 12.04.2006 for his heart ailment. She has also placed that the

petitioner was constantly under medical treatment thereafter. It is also stated

that petitioner had made applications before the Inspector of Schools praying

for leave on various date i.e. 06.11.2007, the petitioner had made an application

before the Director of Secondary Education for extending his leave on medical

ground from 01.08.2007 to 31.10.2007 i.e. for a period of three months.

Likewise, the petitioner had made applications before the same authority and

also by subsequent letters, the petitioner had prayed for extension of his leave

even for the year 2008, 2009, 2010, 2011 and 2012. The subsequent application

for extension of leave was for a period of one month with effect from

01.08.2012 to 31.08.2012 and the last being a prayer made on 19.09.2012 for

leave period for three days with effect from 01.09.2012 to 03.09.2012. It is

stated by the learned Counsel for the petitioner that the leave from 01.03.2006

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till 30.06.2006 was regularized by th