Amal Kumar Das v. Jatindra Nath Deka and 3 Ors. B

ORDER

27.05.2024 (Vijay

Bishnoi, CJ) This Writ Appeal is filed by the appellant being aggrieved with the order dated

22.02.2023 passed by the learned Single Judge in WP(C) No.1048/2019 whereby the learned Single Judge has directed the Director of Secondary Education, Assam to determine the question of seniority of the appellant vis-à-vis the respondent No.4 within a stipulated time. While issuing such direction the learned Single Judge has posted the WP(C) No.1048/2019 after eight weeks. Learned counsel for the appellant has submitted that pursuant to the direction given by this Court, the Director of Secondary Education, Assam has already decided the question regarding the seniority of the appellant and the respondent No.4 and being aggrieved with the same the appellant has preferred a separate writ petition being WP(C) No.6120/2023 before this Court which is pending adjudication. Taking into consideration the fact that the question regarding the seniority of the appellant and the private respondent has already been determined by the Director of Secondary Education, Assam pursuant to the impugned order passed by the learned Single Judge, we do not find any live issue in this Writ Appeal and therefore, no further order is required to be passed. We also feel that since the question regarding the seniority of the appellant and the respondent No.4 has been determined by the Director of Secondary Education, Page No.# 3/3 Assam, WP(C) No.1048/2019 has also become infructuous. In such circumstances, the Writ Appeal No.455/2023 and the WP(C) No.1048/2019 stand disposed of as infructuous. However, the writ petition being WP(C) No.6120/2023 is required to be decided by the learned Single Judge on its own merit without being influenced by the impugned order passed by the learned Single Judge which is under challenge in this Writ Appeal.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010177532023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/455/2023o AMALoKUMARoDASo S/OoLATEoKRIPAoRAMoDAS,oVILL.oANDoP.O.oKARIA,oDIST.-oNALBARI,o ASSAM,oPIN-o781339. VERSUSo JATINDRAoNATHoDEKAoANDo3oORS.oBo S/OoLT.oBHOBANoCHANDRAoDEKA,oR/O.oVILL.oJAPARKUCHI,oP.O.o CHOWKBAZAR,oDIST.-oNALBARI,oASSAM,oPIN-o781334. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o19. 3:THEoINSPECTORoOFoSCHOOLS oNALBARIoDISTRICToCIRCLE oNALBARI oASSAM oPIN-o781339. 4:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oSCHOOLoEDUCATIONoDEPTT. oDISPUR oGUWAHATI-o6o AdvocateoforotheoPetitionerooooo:oMR.oKoKALITAo AdvocateoforotheoRespondento:oSC,oSEC.oEDU.oo Page No.# 2/3 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM