Allowed

Bani Borthakur v. the State of Assam and 24 Ors.

Gauhati HC17 Feb 2020WP(C)/992/2020

Case brief

AI extract

What is this about?

Petitioner, a former Sub Inspector of Schools facing imminent superannuation, filed a writ petition seeking permission to file a representation for promotion consideration. The High Court allowed the petition, directing the petitioner to file a representation and the respondent authorities to consider it within seven days.

What did the court decide?

Petitioner allowed to file a representation for promotion consideration; respondent authorities directed to consider it and pass a reasoned order within seven days.

Bani Borthakur Vs the State of Assam and 24… — Pension and Retirement Benefits | Gauhati HC (2020)

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GAHC010023842020

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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) 992/2020

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1:BANI BORTHAKUR

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W/O- NARENDRA NATH SARMA KHOUND, R/O- PULIBOR, JORHAT, DISTJORHAT, ASSAM, PIN- 785006

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VERSUS

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1:THE STATE OF ASSAM AND 24 ORS

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

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2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM EDUCATION (ELEM) DEPTT DISPUR GUWAHATI- 06

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3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019

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4:THE DEEO TINSUKIA DIST- TINSUKIA ASSAM PIN- 786125

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5:APSC JAWAHAR NAGAR KHANAPARA GUWAHATI- 22

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REP. BY ITS SECRETARY

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6:JYOTISH CHANDRA SARMA BEEO BIJNI PIN- 783390 7:HARESWAR BASUMATARY BEEO MAJULI PIN- 7851100

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8:BHUDHAR BRAHMA BEEO MUSHALPUR BAKSA PIN- 781343

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9:SANTA RAM KACHARI BEEO UDALGURI DIST- DARRANG ASSAM PIN- 781343

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10:DEBESWAR KAMAN BEEO CHARAIDEO (SONARI) PIN- 782445

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11:RASANATH BASUMATARY BEEO KOKRAJHAR PIN- 783370

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12:DEBA KUMAR KUTUM BEEO TEZPUR SONITPUR PIN- 784001

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13:NURUL HAQUE MAZARBHUYAN BEEO HAFLONG PIN- 788819

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14:KHURUL ISLAM HAZARI BEEO DHANSIRI GOLAGHAT PIN- 785612

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15:IQBAL HUSSAIN BARBHUYAN BEEO HAILAKANDI PIN- 788155

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16:HARENDRA NATH DAS BEEO BARPETA PIN- 781301

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17:BHUPENDRA NATH SARMA BEEO NALBARI PIN- 78335

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18:DEBEN CHANDRA LAHKAR BEEO GUWAHATI PIN- 781131

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19:TARINI MAZUMDAR BEEO BAJALI PIN- 781325

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20:TARUN KUMAR SINGHA BEEO HOJAI PIN- 782435

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21:PRAFULLA RAM DAS BEEO SALBARI BAKSA PIN- 781318

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22:BISHNU CHARAN NATH BEEO SOUTH SALMARA (MANKACHAR) DIST- DHUBRI PIN- 783128

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23:KANKESWAR DEKA BEEO NORTH LAKHIPMUR PIN- 787001

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24:GODHAN CHANDRA SEAL SARMA BEEO NORTH SALMARA (ABHAYAPURI) BONGAIGAON PIN- 78338

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Advocate for the Petitioner : MR. P MAHANTA

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE

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HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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17.02.2020

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Heard Mr. P Mahanta, learned counsel for the petitioner and Ms. N. Phukan, learned standing counsel for the Elementary Education Department.

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Considering the nature of the order proposed to be passed, we deem it appropriate that the respondent APSC be not served for the present.

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The petitioner was appointed as Sub Inspector of Schools in the year 1985 in the Department of Elementary Education and was posted in the office of the Deputy Inspector of Schools, Jorhat. During the tenure of her service, she was allowed to work in different blocks under the Deputy Inspector of schools. It is stated in paragraph-7 of the writ petition that in the year 2016, several posts of Deputy Inspector of Schools fell vacant and altogether 32 numbers of BEEO’s were promoted on the recommendation of the APSC. Although the petitioner was otherwise qualified for being considered for promotion, but her case was not considered in the said promotional process. In the circumstance, the petitioner intends to raise a grievance before the authorities by filing a representation with a prayer that her case for promotion be also given a consideration, if otherwise eligible in law.

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Ms. N. Phukan, learned standing counsel for the Elementary Education Department does not object to such prayer of the petitioner for allowing her to file a representation.

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In this circumstance, this writ petition is disposed of by allowing the writ petitioner to file an appropriate representation before the Commissioner and Secretary to the Government of Assam in the Elementary Education Department. Upon such representation being filed, the Commissioner and Secretary shall give a due consideration to it and pass a reasoned order considering the case of the petitioner of her entitlement on the facts and under the law within a period of seven days from the date of filing of the representation keeping in view that the petitioner would superannuate from service on 28.02.2020.

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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

Bani Borthakur v. the State of Assam and 24 Ors.

Case brief

What is this about?

What did the court decide?

Bani Borthakur v. the State of Assam and 24 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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