Kalpana Devi v. The State of Assam and 5 Ors

ORDER Date : 20.09.2024

Heard Mr. R. Sarma, learned counsel for the petitioner.

¶2Also heard Mr. A. Phukan, learned standing counsel, Elementary Education Department, for the respondent No. 1 and Mr. S. Bora, learned standing counsel, SSA, for the respondent Nos. 2 to 5.

¶3The petitioner is presently serving as Resource Person, I.E. at Pub Nalbari. She is aggrieved by the Order dated 16.09.2024, by which, she has been transferred in the same capacity to Borigog Banbhag. It is the case of the petitioner that she is presently 4 (four) months pregnant and she also has a special child who is diagnosed with Bylateral Pterygium, Dimness in Vision and he has 40% disability in relation to his both eyes and therefore, the petitioner has to take care of her child.

¶4Accordingly, the petitioner made a representation before the Mission Director, SSA, Guwahati on 18.09.2024 praying for reconsideration of her case in Page No.# 3/3 view of the difficulties faced by her. The said representation dated 18.09.2024 is yet to be disposed of by the Mission Director, SSA/Respondent No. 2.

¶5As the representation dated 18.09.2024 is yet to be disposed of by the Respondent No. 2, this writ petition is disposed of directing the Respondent No. 2 to dispose of the representation made by the petitioner on 18.09.2024 within a period of 1 (one) week from the date of receipt of a copy of this order.

¶6Till the representation is disposed of by the Respondent No. 2, the Order dated 16.09.2024 shall remain suspended.

¶7With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010197762024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4859/2024o KALPANAoDEVIo W/O-oSRIoBHUDEVoGOSWAMI,oR/O-oJAPARKUCHI,oP.O.oSILAPATHAR,oDIST.o DHEMAJI,oASSAM,oPIN-o787110. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oELEMENTARYoEDUCATIONoDEPARTMENT,oDISPUR,o GUWAHATI-6. 2:THEoMISSIONoDIRECTOR oSAMAGRAoSIKSHAoABHIYAN oKAHILIPARA oGUWAHATI-781019. 3:THEoDISTRICToMISSIONoCO-ORDINATOR oNALBARI oDIST.oNALBARI oASSAM 4:THEoBLOCKoMISSIONoCO-ORDINATOR oPUBoNALBARIoBLOCK oNALBARI oDIST.oNALBARI oASSAM 5:THEoBLOCKoMISSIONoCO-ORDINATOR oBORIGOGoBANBHAGoBLOCK oGHOGRAPAR oDIST.oNALBARI Page No.# 2/3 ASSAM 6:SMTI. TAMASHA DUTTA WORKING AS RESOURCE PERSON (INCLUSIVE EDUCATION) BORIGOG BANBHAG GHOGRAPAR DIST. NALBARI ASSA Advocate for the Petitioner : MR. R SARMA, MR. J K ROY Advocate for the Respondent : SC, ELEM. EDU, SC, SSA BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR