Allowed

Surendra Nath Dutta v. the State of Assam and 6 Ors.

Gauhati HC2 Apr 2018I.A.(Civil)/904/2018

Case brief

AI extract

What is this about?

This order allows the impleadment of the Inspector of Schools and the Head Master of Sanmalita High School as respondents in a connected writ petition concerning pension revision, deeming them necessary parties for proper adjudication of the matter.

What did the court decide?

Allowed impleadment of Inspector of Schools and Head Master as respondents in the connected writ petition WP(C) No. 1784/2017.

Surendra Nath Dutta Vs the State of Assam and 6 Ors. — Service and Employment | Gauhati HC (2018)

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Page No.# 1/4

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GAHC010052172018

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

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Case No. : I.A.(Civil) 904/2018

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1:SURENDRA NATH DUTTA

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S/O- LT SRULORA DUTTA, R/O- VILL- FETAGAON, P.O. DERGAON, DISTGOLAGHAT (ASSAM)

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS

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REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GHY-6

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA

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GHY-19

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3:THE DIRECTOR OF PENSION HOUSEFED COMPLEX DISPUR GHY-6 KAMRUP(M)

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4:THE FINANCE AND ACCOUNTS OFFICER DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GHY-6

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOLAGHAT DISTRICT DIST- GOLAGHAT (ASSAM) PIN-785621

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6:THE INSPECTOR OF SCHOOLS

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GOLAGHAT DISTRICT CIRCLE GOLAGHAT P.O. AND P.S. GOLAGHAT DIST- GOLAGHAT ASSAM PIN-785621

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7:THE HEAD MASTER SANMALITA HIGH SCHOOL DERGAON P.O. KHANGIA DIST- GOLAGHAT ASSAM PIN-78561

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Advocate for the Petitioner : MR. T J MAHANTA

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Advocate for the Respondent : SC, SEC. EDU.

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Linked Case : WP(C) 1784/2017

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1:SURENDRA NATH DUTTA S/O- LATE SORULORA DUTTA R/O- VILL- FETAGAON P.O- DERGAON DIST- GOLAGHATASSAM PIN- 785614

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VERSUS

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1:THE STATE OF ASSAM and 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM EDUCATION ELEMENTARY DEPARTMENT ASSAM DISPUR GUWAHATI-06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19

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3:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX

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DISPUR GUWAHATI-6 KAMRUPM 4:THE FINANCE AND ACCOUNTS OFFICER DIRECTOR OF PENSIONS ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-06 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOLAGHAT DISTRICT DISTRICT- GOLAGHAT ASSAM PIN- 785621 Advocate for the Petitioner : MS.P BHATTACHARYA Advocate for the Respondent :

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BEFORE

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HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 02-04-2018

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Heard Ms. P Bhattacharya, learned counsel for the applicant/writ petitioner. Also heard Mr. M R Laskar, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 & 2, Ms. R B Bora, learned Government advocate for the respondent Nos. 3 & 4 and Mr. A Deka, learned Standing counsel, Education Department for the respondent No. 5.

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The petitioner was initially serving as an Assistant Teacher in Sanmalita M.E. School, Khongia, Dergaon in the District of Golaghat and later, the said M.E. School was amalgamated with Sanmalita High School, Khongia, Dergaon, Golaghat and the petitioner retied from service on 30.04.2007 as the In-charge Head Master of said Sanmalita High School, Khongia, Dergaon, on attaining the age of superannuation at 60 years. The applicant/ writ petitioner, though receiving regular pension but has not been given the revised pension after the revision of pay w.e.f. 01.01.2006. Hence, he filed the connected writ petition being WP(C) No. 1784/2017 for a necessary direction to the respondents which is presently pending for disposal.

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In the said writ petition, i.e., WP(C) No. 1784/2017, the applicant/ petitioner did not make the Inspector of Schools, Golaghat District Circle, Golaghat and the Head Master of said Sanmalita High School, Khongia, Dergaon, District-Golaghat as party respondents and hence, by this application, the applicant/writ petitioner prays for impleadment of the concerned Inspector of Schools, Golaghat District Circle, Golaghat as well as the Head Master of said Sanmalita High School, Khongia, Dergaon, District-Golaghat as party respondent Nos. 6 and 7 in the connected WP(C) No. 1784/2017.

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After hearing the learned counsels for the parties, the Court is of the view that the Inspector of Schools, Golaghat District Circle, Golaghat and the Head Master of said Sanmalita High School, Khongia, Dergaon, District-Golaghat are necessary party for proper adjudication of the connected WP(C) No. 1784/2017 and accordingly, the applicant/writ petitioner is allowed to implead both the Government Officers, i.e., the Inspector of Schools, Golaghat District Circle, Golaghat and the Head Master of said Sanmalita High School, Khongia, Dergaon, District-Golaghat as party respondent Nos. 6 and 7 respectively in the connected WP(C) No. 1784/2017.

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Accordingly, this I.A. stands allowed.

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JUDGE

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Comparing Assistant

Surendra Nath Dutta v. the State of Assam and 6 Ors.

Case brief

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Surendra Nath Dutta v. the State of Assam and 6 Ors.

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