Disposed

Abdul Quddus v. the State of Assam

Gauhati HC6 Apr 2018WP(C)/152/2018

Case brief

AI extract

What is this about?

The Gauhati High Court directed the Director of Elementary Education, Assam, to consider a proposal dated 07.12.2017 for the petitioner's arrear salary and pass an appropriate order within two months. The writ petition was disposed of by way of this directive. The dispute relates to the petitioner's reversion from a teacher post to a Chowkidar and non-payment of salary.

What did the court decide?

The Director of Elementary Education, Assam is directed to consider the proposal dated 07.12.2017 regarding arrear salary and pass an appropriate order within two months of receiving a certified copy

Abdul Quddus Vs the State of Assam — Pension and Retirement Benefits | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010004192018

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

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Case No. : WP(C) 152/2018

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1:ABDUL QUDDUS

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S/O. LT. ROMJAN ALI, VILL. SOTIA GAON, P.O. AND P.S. LAHORIGHAT, DIST. MORIGAON, ASSAM, PIN-782127

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VERSUS

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1:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GHY-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6.

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

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON MORIGAON ASSAM

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Advocate for the Petitioner : MR. B RAHMAN

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Advocate for the Respondent : SC, ELEMENTARY EDUCATION

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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06.04.2018

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Heard Mr. B. Rahman, learned counsel for the petitioner, Mr. S.P Bhattacharjee, learned Standing Counsel for the Elementary Education Department as well as Mr. B. Gogoi, learned Standing Counsel for the Finance Department.

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The petitioner, who was initially appointed as a Chowkidar in the No.2 Goroimari ME Madrassa, Morigaon as per the resolution of the Managing Committee dated 18.02.1979, was provincialised w.e.f. 01.02.1985 along with other staffs of the Madrassa. By the order of 28.09.2004, he was upgraded to the post of Arabic Teacher and subsequently confirmed as an Arabic Teacher by the order of 28.06.2012.

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But, thereafter, by the order of 11.05.2017, he was again reverted back to his original post of Chowkidar. Prior to that, the salary of the petitioner was paid up to 31.07.2017, but from 01.08.2014 i.e. the date of his reversion, no salary was paid either as a teacher or as a Chowkidar. In the process, when the petitioner took up the matter with the authorities, the District Elementary Education Officer, Morigaon had sent a proposal to the Director of Elementary Education, Assam dated 07.12.2017 for the arrear salary of the petitioner for the aforesaid period. This writ petition has been preferred on the premises that nothing further has been done pursuant to the said proposal.

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In view of the above, as agreed by the learned counsel for the parties, the Director of Elementary Education, Assam is directed to give a consideration to the said proposal of 07.12.2017 and bring the same to its logical end by passing appropriate order. The aforesaid exercise be done within a period of two months from the date of receipt of a certified copy of this order.

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In terms of the above, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Abdul Quddus v. the State of Assam

Case brief

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Abdul Quddus v. the State of Assam

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