Gauhati High Court
I.A.(Civil)/1439/2026 of MILAN BASUMATARY AND 17 ORS Vs THE STATE OF ASSAM AND 6 ORS on 5 May 2026
GAHC010082902026 2026:GAU-AS:6238- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1439/2026 MILAN BASUMATARY AND 17 ORS D/O. JOY KANTA BASUMATARI, R/O. VILLAGE BORKOCHARI GAON, DISTRICT NAGAON, ASSAM. ASSISTANT TEACHER ANANTA
GAHC010082902026
2026:GAU-AS:6238-
DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1439/2026
MILAN BASUMATARY AND 17 ORS
D/O. JOY KANTA BASUMATARI, R/O. VILLAGE BORKOCHARI GAON, DISTRICT NAGAON, ASSAM. ASSISTANT TEACHER ANANTA KONDALI
HIGH SCHOOL NAGAON
2: PRANAY DAS
C/O LT. PRAFULLA DAS
VILLAGE UTTAR AMERI DISTRICT NAGAON
ASSAM. ASSISTANT TEACHER SINIMARI M.E. SCHOOL
3: TUNTUN BORAH
S/O. BIJU BORAH
R/O. VILLAGE DEKAGAON KAMPUR DISTRICT NAGAON ASSAM
ASSISTANT TEACHER BOREGUGA L.P.SCHOOL.
4: BANI SAIKIA LASKAR
S/O. DEBA LASKAR
R/O. KALYANPUR KAMPUR
DISTRICT NAGAON
ASSAM.ASSISTANT TEACHER BOREGUGA L.P. SCHOOL.
5: NILIMA KALITA
D/O. LT SAJAN KALITA
R/O. VILLAGE KALYANPUR NEAR H.S. ROAD
KAMPUR
DISTRICT NAGAON ASSAM
ASSISTANT TEACHER BOREGUGA L.P. SCHOOL.
6: DIPIKA BARUAH
D/O. KSHITISH DAS
R/O. VILLAGE MADHAB KANDALI KSHETRA
KAMPUR
DISTRICT NAGAON
ASSAM.ASSISTANT TEACHER KOWARI ATI L.P. SCHOOL.
7: BHADRA DEVI
D/O. BUKUL CH. DAS
R/O. VILLAGE UTTAR CHANG CHAKI
KAMPUR
DISTRICT NAGAON
ASSAM.ASSISTANT TEACHER BAREGUGA L.P. SCHOOL
8: JUNAB ALI
C/O. LT. ZAHED ALI
VILLAGE ALI TANGANI DISTRICT NAGAON
ASSAM. ASSISTANT TEACHER LONGIAP BARPANI M.E SCHOOL.
9: ABDUL QUDDUS
S/O. LT. MULU MIYA
R/O. VILLAGE CHANKHULA KACHUA DISTRICT NAGAON
ASSAM.HEAD MASTER AT LUTUMARIAKADASH L.P SCHOOL
10: FAKAR UDDIN AHMED
C/O LT. SAHAR ALI
VILLAGE ALI TANGANI DISTRICT NAGAON
ASSAM.ASSISTANT TEACHER RAJA ALI M.E.M. SCHOOL
11: SALIMA AKHTAR BEGUM
D/O. LT. MD. ABDUL MANNAN
R/O. VILLAGE CHANGAJAN KAMPUR NAGAON
DISTRICT NAGAON
ASSAM
HEADMASTER AT BATAMARIDHARAMUKH L.P SCHOOL
12: ALI HUSSAIN
S/O. EUNUS ALI
R/O. CHOKITUP NAGAON
DISTRICT NAGAON
ASSAM.ASSISTANT TEACHER MAHRUL JAWAHARLAL NEHRU L.P.
SCHOOL.
13: RANJIT KR SARMAH
S/O RAMNATH SARMAH
R/O VILL SIVA NAGAR ITACHALI DISTRICT NAGAON
ASSAM.ASSISTANT TEACHER BARPETA M.E SCHOOL NAGAON ASSAM.
14: MD IDRISH ALI
C/O LT. AFAJ UDDIN
VILLAGE DHARAMUKH
DISTRICT NAGAON
ASSAM.PIN CODE 782425 ASSISTANT TEACHER BAZ BATAMARI M.E.
SCHOOL.
15: ABDUN NOOR CHOUDHURY
S/O LT. SHAHJAHAN CHOUDHURY
R/O VILLAGE ROMANI PATHAR KACHUA KAMPURNAGAON DIST
NAGAONASSISTANT TEACHER PRAMILA ATI L.P SCHOOL
16: ANUMAI MAZAUMDAR
D/O LT. PUTU MAZUMDAR
R/O VILL BALIGAON NAGAON DIST NAGAON
ASSISTANT TEACHER JAGIALPETBOHA L.P SCHOOL
17: SURAJ SANGMA
S/O MANOLENDRA MARAK
R/O VILL CHATOLMARI KOCHUANAGAON DIST NAGAONASSISTANT
TEACHER KOMAR GAON L.P SCHOOL
18: MAHESH KUMAR NATH
S/O LT. MELESH NATH
R/O VILLAGE DHEMAJI GAON NAGAON DIST NAGAONASSTT TEACHER
BULAMUKHGARGARIA L.P SCHOOL
VERSUS
THE STATE OF ASSAM AND 6 ORS
THROUGH THE SECRETARY, TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI 781006
2:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI 781006
3:THE ADDITIONAL CHIEF SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI 781006
4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM
KAHILIPARA
GUWAHATI 781019
5:THE INSPECTOR OF SCHOOLS
NAGAON DISTRICT CIRCLE
ASSAM
P.O. AND DISTRICT NAGAON
ASSAM
PIN CODE 782001
6:THE DISTRICT ELEMENTARY EDUCATION OFFICER
NAGAON
P.O. AND DISTRICT NAGAON
ASSAM
PIN CODE 782003
7:THE DEPUTY INSPECTOR OF SCHOOLS
NAGAON
P.O. NAGAON
DISTRICT NAGAON
ASSAM.PIN CODE 78200
Advocate for the Petitioner : MR. H R DAS, MR J LOTHA,MR. H R DAS,MR D BANIA,MRS R
DEKA,MR B D DAS
Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE
For the Applicant/Appellant(s) : Mr. B D Das, Sr. Advocate : assisted by Mrs. R Deka, Advovate For the Respondent(s) : Mr. R Borpujari, Advocate Ms. K Das, Advocate
– B E F O R E –
HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
06.05.2026
(Arun Dev Choudhury,J)
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1. This interlocutory application has been filed by the applicant/appellant seeking condonation of delay of 1094 days in preferring the connected appeal against the judgment and order dated
31.03.2023, passed by a learned Single Judge of this Court in WP(C) No.7256/2021, WP(C) No.7259/2021 along with other connected cases.
2. We have heard Mr. B. D Das, learned senior counsel, for the applicant/appellant assisted by Mrs. R Deka, learned counsel and Mr. R Borpujari, learned standing counsel, Finance Department, Assam and Ms. K Das, learned standing counsel, Elementary Education Department, Assam, appearing for the respondents.
3. Perused the averments made in the application.
4. The learned counsel for the respondents has not disputed the factual position, inasmuch as under similar circumstances, a co-ordinate bench had already condoned the delay.
5. After going through the averments made at paragraph Nos.2(i), 2(ii) & 3 of the application, we are satisfied that good grounds have been assigned by the applicants/appellants for condoning the delay of 1094 days in preferring the connected appeal.
6. We, therefore, condone the delay.
7. The Interlocutory Application stands disposed off.
8. The Registry to process the appeal and, if found defect free, list the same on 12.05.2026 along with WA No.388/2025 and Review Petition No.275/2025 under the appropriate heading.
JUDGE CHIEF
JUSTICE
Comparing Assistant