Dismissed

Smti Asia Begum Laskar v. the State of Assam and 6 Ors.

Gauhati HC12 Feb 2018WP(C)/2950/2013

Case brief

AI extract

What is this about?

Petritorium sought provincialisation of service under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011. The petition was rejected as the Act was declared unconstitutional, directing her to approach the Education Tribunal.

What did the court decide?

Petitioner directed to approach Education Tribunal for redressal of grievances regarding provincialisation.

Smti Asia Begum Laskar Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010007202013

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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) 2950/2013

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1:SMTI ASIA BEGUM LASKAR

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W/O MOULANA ABDUL MANNAN, VILL. PATIALA, P.O. PECHALA, DISTKARIMGANJ, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM, EDUCATION ELEM DEPTT., DISPUR, GHY-6

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2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CUM MEMBER SECRETARY DISTRICT SCRUTINY COMMITTEE KARIMGANJ P.O. and DIST- KARIMGANJ ASSAM

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4:THE DY. COMMISSIONER CUM CHAIRMAN DISTRICT SCRUTINY COMMITTEE KARIMGANJ P.O. and DIST- KARIMGANJ ASSAM

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5:THE BLOCK ELEMENTARY EDUCATION OFFICER RAMKRISHNA NAGAR P.O. RAMKRISHNA NAGAR DIST- KARIMGANJ ASSAM

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Page No.# 2/3

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6:ABDUL HAMID

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HEADTEACHER CUM SECRETARY WHO ALSO REPRESENTS THE SCHOOL MANAGING COMMITTEE UTTAR PATIALA LP SCHOOL VILL. PATIALA P.O. PECHALA DIST- KARIMGANJ ASSAM 7:SUBASH SINHA ASSTT. TEACHER UTTAR PATIALA LP SCHOOL VILL. PATIALA P.O. PECHALA DIST- KARIMGANJ ASSA

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Advocate for the Petitioner : MR.A R TALUKDAR

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Advocate for the Respondent : GA, ASSAM

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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 : 12-02-2018

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Heard Mr. A R Talukdar, learned counsel for the petitioner. Also heard Mr. A Deka, learned Standing counsel, Education Department for the respondent Nos. 1 to 3 & 5 and Ms. D Sinha, learned counsel for the respondent Nos. 6 and 7.

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By this writ petition, the petitioner has prayed for provincialisation of her service as an Assistant Teacher at Uttar Patiala Venture Lower Primary School in the Ramkrishna Nagar Education Block of Karimganj District since the respondents in the Education Department as well as the School Managing Committee of the said school by disregarding her seniority and claim for provincialisation, recommended the name of the respondent No. 7 for provincialisation of his service under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 as amended in 2012.

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It is seen that initially while issuing notice on 28.05.2013, in the interim, the Court stayed the provincialization of the said respondent No. 7. However, vide order dated 05.03.2014 passed in Misc.

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Case No. 225/2014 filed in the present writ petition that was preferred by the present respondent Nos. 6 and 7, the Court vacated the said interim order dated 28.05.2013 and the services of the respondent Nos. 6 and 7 were provincialized in terms of the said 2011 Act amended in 2012 that was issued by the Director of Elementary Education, Assam.

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During the pendency of this writ petition, the said 2011 Act as amended in 2012 was declared as ultra vires and unconstitutional by a Division Bench of this Court in the case of Chandan Kumar Neog Vs. State of Assam and Ors. by its order dated 23.09.2016 passed in WP(C) No.3190/2012.

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In view of the above, the prayer of the petitioner for provincialisation of her service in place of respondent No. 7 as an Assistant Teacher of said Uttar Patiala Venture Lower Primary School under the said 2011 Act cannot be considered as the said Act is no longer in force.

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For the reasons above, the prayer of the petitioner stands rejected.

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However, the petitioner may approach the appropriate Education Tribunal for redressal of her grievances, if any, with regard to such non-consideration of the case of the petitioner for provincialisation as the State Government in the Education Department vide Notification dated 02.06.2016 have already constituted Education Tribunal in each of the Districts of the State of Assam with due approval of this Court, to be headed by the District Judge and the Additional District Judge of the concerned District to adjudicate the dispute relating to provincialization of service of teaching and non-teaching staff of such Venture Educational Institutions.

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With the aforesaid observation and direction, this writ petition stands disposed of to the extent above.

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JUDGE

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Comparing Assistant

Smti Asia Begum Laskar v. the State of Assam and 6 Ors.

Case brief

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Smti Asia Begum Laskar v. the State of Assam and 6 Ors.

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