Gauhati High Court
Quazi Abdul Basit vs The State Of Assam And 6 Ors on 26 September, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/3
GAHC010220412025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5809/2025
QUAZI ABDUL BASIT
S/O LATE QUAZI ABDUL AZIM, VILL.-MULLAGRAM, P.O. KANAI BAZAR,
DIST- SRIBHUMI, ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE SECRETARY TOTHE GOVT. OF ASSAM,
DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF FINANCE
DISPUR
GUWAHATI-06.
3:THE DIRECTOR ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
SRIBHUMI-788710.
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
RAMKRISHNANAGAR BLOCK
RAMKRISHNANAGAR
DIST- SRI BHUMI
ASSAM
PIN- 788166.
6:THE TREASURY OFFICER
SRIBHUMI
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ASSAM-788710.
7:THE HEADMASTER
PECHALA MIDDLE SCHOOL
VILL.- SONAIRPUR
P.O. PECHALA
DIST0- SRIBHUMI
ASSAM
PIN- 788734
Advocate for the Petitioner : MR. A H M R CHOUDHURY,
Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 26.09.2025 Heard Mr. A. H. M. R. Choudhury, learned counsel for the petitioner, who submits that the petitioner who is a Grade-IV employee was placed under suspension vide order dated 15.10.2018 w.e.f 02.10.2018 under Rule 6(1) (a) of the Assam Services (Disciplinary & Appeal) Rules, 1964 and was allowed to draw 50% subsistence allowance. Thereafter through order dated 09.06.2020, the petitioner was sanctioned 75% of the subsistence allowance w.e.f 02.01.2019 but he has been paid the enhance subsistence allowance only from 09.06.2020. Aggrieved, the petitioner is before this Court.
In view of above, issue notice of motion returnable by 4 (four) weeks.
Ms. S. Konwar, learned Standing Counsel, Elementary Education Department accepts notice on behalf of respondent Nos. 1, 3, 4 and 5 and Ms. R. M. Baruah, learned Standing Counsel, Finance Department for the respondent Nos. 2 and 6.
Page No.# 3/3 Petitioner to take steps for service of notice upon the respondent No. 7 by registered post with A/D within 3(three) working days.
List the matter after 4(four) weeks.
Pendency of this writ petition shall not be a bar for the respondents to mitigate the grievance of the petitioner.
JUDGE Comparing Assistant