Disposed

Dr. Rishikesh Upadhyay v. the State of Assam and 3 Ors.

Gauhati HC8 Jan 2018WP(C)/2354/2016

Case brief

AI extract

What is this about?

Petitioner, a contractual Assistant Professor recommended for regularization but left out of the notification, seeks a direction to consider his case. The Court directed him to file a representation within 16 days for regularization with a reporting period of 90 days.

What did the court decide?

Direction to file representation for regularization of service within 16 days and Commissioner to pass speaking order within 90 days.

Dr. Rishikesh Upadhyay Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2018)

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GAHC010170212016

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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) 2354/2016

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DR. RISHIKESH UPADHYAY S/O- LT. PITAMBER UPADHYAY, R/OBHANJANG BASTI, SONGPIJANG ROAD, HAFLONG- 788819, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION HIGHER DEPTT., DISPUR, GHY- 6.

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2:THE DIRECTOR OF HIGHER EDUCATION ASSAM

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3:THE DIMA HASAO AUTONOMOUS COUNCIL

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4:THE PRINCIPAL

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Advocate for the Petitioner : MS.A SAIKIA

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Advocate for the Respondent : SC, HIGHER EDUCATION

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ORDER

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Date : 08-01-2018

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

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Heard Mr. Y. S. Mannan, learned counsel for the petitioner and Mr. B. Kaushik, learned Standing counsel, Higher Education for respondent Nos. 1 and 2. Also heard Ms.

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Anakshi Neog, learned Standing counsel, Dima Hasao for respondent No.3.

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Matter relates to regularization of service of petitioner, Assistant Professor in Botany in Haflong Government College working on contractual basis since 19.03.2013. Petitioner is M.Sc., M.Phill, P.hd. Degree holder in Life Science from the Assam University.

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It is seen that on the basis of a proposal received from the Principal of Haflong Government College, Haflong, the Director of Higher Education, Assam by its communication dated 31.08.2013 recommended 6(six) numbers of Assistant Professor serving on contractual basis in said Haflong Government College having NET/SLET/P.hd degree that includes the name of the petitioner at SL No.6, for regularization of service in Botany in said Haflong Government College and also 3 other Assistant Professors having M.Phil degree serving on contractual basis in the said Government College. Out of such 9 recommendations made by the Director of Higher Education, Assam by his communication dated 31.08.2013, the State Government in the Higher Education by its Notification dated 27.02.2016 regularized the service of 8 (eight) such Assistant Professors in said Haflong Government College, Haflong leaving aside the present petitioner.

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Hence this petition.

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Though notice in this case was issued way back on 07.04.2016 but till date the respondents in the Higher Education Department did not file any affidavit in the matter. While recommending the name of the petitioner along with other 8 Assistant Professors for regularization of their services as Assistant Professors in Haflong Government College, Haflong, the DHE by its communication dated 31.08.2013 clarified that out of total number of 6 sanctioned post in Botany in the said College in question, only 3 persons are serving in those posts and the remaining 3 posts are lying vacant. In the said communication dated 31.08.2013, the DHE, Assam also recommended another Assistant Professor, namely Sri Ron Kemprai, Assistant Professor, Botany having MPhil degree serving in the said college on contractual Basis, whose service have been regularized by the said Notification dated 27.02.2016 as noted above.

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While issuing notice to the respondents in this case by order dated 07.04.2016, the Court in the interim directed the respondents herein to keep a post of Assistant Professor in

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the department of Botany in the Haflong Government College, Haflong vacant which is still in force.

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Considering the entire aspect of the matter and hearing the parties this writ petition is disposed of with a direction that the petitioner, along with a certified copy of this order and the copy of the writ petition including the Annexures appended thereto shall file a representation before the Commissioner and Secretary to the Government of Assam in the Higher Education Department on or before 31.01.2018 for consideration of his case for regularization of his service as an Assistant Professor in Botany in the Haflong Government College, Haflong in terms of the recommendation of the DHE dated 31.08.2013, out of which he is the only person left out from such recommendation of regularization of 9 Assistant Professors.

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In the event of filing such representation by the petitioner within the time specified above, the Commissioner and Secretary, Higher Education Department, Assam shall pass a speaking order in accordance with law after due verification of the entire aspect of the matter including the recommendation made by the DHE, Assam on 31.08.2013. Such speaking order shall be passed by the Commissioner and Secretary, Higher Education within a period of 90 days from the date of receipt such representation along with certified copy of this order to be submitted by the petitioner, communicating the outcome of said representation to him.

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Needless to say that if the petitioner is still aggrieved with such decision of the Commissioner and Secretary of Higher Education, Assam he may approach the appropriate forum for redreassal of his said grievance.

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With the above observation and direction this writ petition stand disposed of.

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Sd/-

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JUDGE

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Comparing Assistant

Dr. Rishikesh Upadhyay v. the State of Assam and 3 Ors.

Case brief

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Dr. Rishikesh Upadhyay v. the State of Assam and 3 Ors.

Case brief

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