Disposed

Pradip Brahma v. the State of Assam and 8 Ors.

Gauhati HC13 Feb 2020WP(C)/8668/2018

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition concerning the petitioner's claim for provincialization benefits as Headmaster. The court directed the respondent authorities to verify if the petitioner falls within the scope of a previous similar order and grant appropriate benefits within two months if applicable.

What did the court decide?

Directing respondent authorities to verify the petitioner's claim and grant benefits under WP(C) No.8562/2018 within two months.

Pradip Brahma Vs the State of Assam and 8 Ors. — Pension and Retirement Benefits | Gauhati HC (2020)

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GAHC010273662018

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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) 8668/2018

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1:PRADIP BRAHMA

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S/O- SRI RUPNATH BRAHMA, VILL AND P.O- GUABARI, DISTKOKRAJHAR, BTAD, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 8 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION (ELEMENTARY) DEPTT, DISPUR, GUWAHATI- 06

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GUWAHATI- 06

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3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19

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4:THE DIRECTOR ELEMENTARY EDUCATION BTC KOKRAJHAR P.O AND DIST KOKRAJHAR BTAD ASSAM PIN- 783370

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5:THE DISTRICT LEVEL SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION KOKRAJHAR DIST REP. BY THE DEPUTY COMMISSIONER KOKRAJHAR P.O AND DIST- KOKRAJHAR BTAD ASSAM PIN- 783370

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6:THE DISTRICT ELEMENTARY EDUCATION OFFICER KOKRAJHAR BTAD ASSAM P.O- AND DIST- KOKRAJHAR BTAD ASSAM PIN- 783370

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7:THE SCHOOL MANAGEMENT COMMITTEE OF GUABARI M E SCHOOL REP. BY ITS PRESIDENT VILL AND P.O- GUABARI DIST- KOKRAJHAR ASSAM PIN- 783360

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8:SHYAMAL DAS THE HEAD MASTER OF GUABARI M E SCHOOL VILL AND P.O- GUABARI DIST- KOKRAJHAR ASSAM PIN- 783360

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9:MRITUNJAY NARZARY S/O. LATE JAMINI NARZARY FORMER HEAD MASTER OF GUABARI M. E. SCHOOL VILL. AND P.O. GUABARI DIST. KOKRAJHAR ASSAM PIN-783360

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Advocate for the Petitioner : MS. M BARMAN

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Advocate for the Respondent : SC, FINANCE

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BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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13.02.2020

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Heard Mr. M. Islam, learned counsel for the petitioners. Also heard Mr. M. Khataniar, learned standing counsel, BTC; Mr. P. Bora, learned standing counsel, Education (Elementary) Department and Mr. R. Borpujari, learned standing counsel, Finance, appearing for official respondents.

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2. The matter pertains to the claim of the petitioner for getting the benefit of provincialisation to the post of Assistant Teacher of Guabari Middle English School from the date of provincialisation.

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3. It has been submitted at the bar that the present case is covered by an order dated 02.08.2019 passed by this Court in WP(C) No.8562/2018, which is extracted hereinbelow:-

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“Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. M. Khataniar, learned Standing Counsel, BTC, Mr. M. Mahanta, learned counsel for respondent No. 8 and Mr. N. Sarma, learned Standing Counsel, Education Department.

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The matter pertains to the claim of the petitioner for getting the benefit of provincialization to the post of Headmaster of Guabari Middle English School from the date of provincialization.

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The petitioner was earlier serving as an Assistant Teacher in Guabari Middle English School when it was a venture school. Subsequently, upon resignation of the then Headmaster namely, Mritunjoy Nargary in the said school w.e.f. 25.01.2013, the petitioner being the senior most Assistant Teacher, was appointed as the Head Teacher in terms of the decision taken by the

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Executive Committee of the School Management Committee on 15.02.2013. The said resolution of the Executive Committee of the School Management Committee was duly approved by the District Elementary Education Officer, Kokrajhar vide order dated 27.02.2013. Thus, the appointment of the petitioner as Headmaster of the said school got official recognition.

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Subsequently after a few months, the said school was provincialized and accordingly, the provincialization order was issued on 16.05.2013. However, because of a mistake on the part of the school authorities, the name of the petitioner was wrongly shown only as an Assistant Teacher at the time of provincialization and the name of Mritunjoy Nargary was continued to be shown as the Headmaster of the said school though as mention above, the said Mritunjoy Nargary had resigned from service w.e.f. 25.01.2013 which fact had been already acknowledged by the authorities, because of which the petitioner was subsequently appointed as the Headmaster whose appointment had been approved by the District Elementary Education Officer on 27.02.2013 as mentioned above.

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Thus, if the name of the petitioner had been correctly shown as the Headmaster of the school at the time of the provincialization in terms of order dated 16.05.2013, the petitioner would have got the benefit of being provincialised as the headmaster of the school w.e.f. 01.01.2013 as provided under Assam Venture Education Institutions (Provincialisation of Services) Act, 2011 (as amended in 2012). Learned counsel for the State respondents submitted that if the petitioner indeed was serving as a Headmaster of the school at the time when provincialization took place, there should not be any difficulty on the part of the authority to rectify the same and grant him the benefit.

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Having heard the learned counsel for the parties, this Court is also of the view that if the petitioner had been already appointed by due process as Headmaster of the said school prior to provincialization of the school and continued to remain so at the time of provincialization as in the case of other employees teaching and non teaching staffs, who had been given the benefit of provincialization w.e.f. 01.01.2013, the petitioner should also get the said benefit of being provincialized as Headmaster of the school w.e.f 01.01.2013.

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Accordingly, the present petition is disposed of directing the respondent authorities to verify the said claim and pass a fresh order as regards the claim of the petitioner for provincialization to the post of Headmaster w.e.f 01.01.2013.

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The aforesaid exercise shall be undertaken within a period of 1 (one) month from the date of receipt of certified copy of this order.”

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4. Learned standing counsel for the BTC, Mr. Khataniar also fairly submits that if this decision is covered, he would have no objection and similar relief will be granted to the petitioner after making necessary verification.

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5. In view of the above, the present petition is disposed of directing the respondent authorities to examine the case of the petitioner as to whether the claim of the petitioner is covered in terms of the decision rendered in WP(C) No.8562/2018 and the authorities will pass appropriate order for grant of similar benefits, if the petitioner is covered by the aforesaid decision. The aforesaid exercise shall be undertaken by the authorities within a period of 2(two) months from the date of receipt of a certified copy of this order.

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Sd/- N. Kotiswar Singh JUDGE

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Comparing Assistant

Pradip Brahma v. the State of Assam and 8 Ors.

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Pradip Brahma v. the State of Assam and 8 Ors.

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