Allowed

Alia Khanam v. Jarina Khatun and 8 Ors.

Gauhati HC1 Nov 2021I.A.(Civil)/1329/2021

Case brief

AI extract

What is this about?

The High Court allowed a review petition to clarify that liberty was inadvertently not recorded in an earlier order regarding the transfer of a cause of action for salary claims, despite having been granted. The petition itself was disposed of.

What did the court decide?

Clarification that liberty was granted to file a separate application for salary despite misjoinder of causes of action.

Alia Khanam Vs Jarina Khatun and 8 Ors. — Gauhati HC (2021) — LawSathi Research

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GAHC010074432022

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

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Case No. : Review.Pet./70/2022

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ALIA KHANAM

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TUTOR OF 1506 NO. PASCHIM BANIARAPARA L.P SCHOOL, C/O. HEAD MASTER OF 1506 NO. PASCHIM BANIARAPARA L.P. SCHOOL, VILL. BANIARAPARA, P.O. GAREMARI, P.S. HOWLY, DIST. BARPETA, ASSAM, PIN-781314.

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VERSUS

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JARINA KHATUN AND 8 ORS W/O. ABDUL KUDDUS ALI, VILL. KUMULLIPARA, P.O. GSREMARI, P.S. HOWLY, DIST. BARPETA, ASSAM, PIN-781314.

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2:THE STATE OF ASSAM

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GUWAHATI-06.

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3:THE STATE LEVEL SCRUTINY COMMITTEE REP. BY THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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4:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-19.

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5:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION REP. BY ITS CHAIRMAN CUM DY.

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COMMISSIONER OF BARPETA DISTRICT ASSAM PIN-781301. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA DIST. BARPETA ASSAM PIN-781301. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER BHAWANIPUR DIST. BARPETA ASSAM PIN-781352. 8:THE HEADMISTRESS CUM SECRETARY OF DAKSHIN KUMULLIPARA M.E. MADRASSA VILL. KUMULLIPARA P.O. GAREMARI P.S. HOWLY DIST. BARPETA ASSAM PIN-781314. 9:THE DAKSHIN KUMULLIPARA M.E. MADRASSA

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REP. BY THE PRESIDENT SCHOOL MANAGING COMMITTEE (SMC) OF DAKSHIN KUMULLIPARA M.E. MADRASSA KUMULLIPARA P.O. GAREMARI DIST. BARPETA ASSAM PIN-781314

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Advocate for the Petitioner : MR. M A SHEIKH

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Advocate for the Respondent : SC, ELEM. EDU

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Linked Case : I.A.(Civil)/1329/2021

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ALIA KHANAM TUTOR OF 1506 NO. PASCHIM BANIARAPARA L.P SCHOOL C/O. HEAD MASTER OF 1506 NO. PASCHIM BANIARAPARA L.P. SCHOOL VILL. BANIARAPARA P.O. GAREMARI P.S. HOWLY DIST. BARPETA ASSAM PIN-781314. VERSUS JARINA KHATUN AND 8 ORS W/O. ABDUL KODDUS ALI VILL. KUMULLIPARA P.O. GOREMARI P.S. HOWLY DIST. BARPETA ASSAM PIN-781314 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GUWAHATI-06. 3:THE STATE LEVEL SCRUTINY COMMITTEE REP. BY THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 5:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION REP. BY ITS CHAIRMAN CUM DY. COMMISSIONER OF BARPETA DISTRICT ASSAM PIN-781301. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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BARPETA DIST. BARPETA ASSAM

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PIN-781301. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER BHAWANIPUR DIST. BARPETA ASSAM PIN-781352. 8:THE HEADMISTRESS CUM SECRETARY OF DAKSHIN KUMULLIPARA M.E. MADRASSA

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VILL. KUMULLIPARA P.O. GAREMARI P.S. HOWLY DIST. BARPETA ASSAM PIN-781314. 9:THE DAKSHIN KUMULLIPARA M.E. MADRASSA

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REP. BY THE PRESIDENT SCHOOL MANAGING COMMITTEE (SMC) OF DAKSHIN KUMULLIPARA M.E. MADRASSA KUMULLIPARA P.O. GAREMARI DIST. BARPETA ASSAM PIN-781314. -----------Advocate for : Advocate for : SC ELEM. EDU appearing for JARINA KHATUN AND 8 ORS

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Linked Case : WP(C)/1714/2021

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JARINA KHATUN W/O. ABDUL KODDUS ALI VILL. KUMULLIPARA P.O. GOREMARI P.S. HOWLY DIST. BARPETA ASSAM PIN-781314. VERSUS

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THE STATE OF ASSAM AND 8 ORS

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GUWAHATI-06. 2:THE STATE LEVEL SCRUTINY COMMITTEE REP. BY THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION REP. BY ITS CHAIRMAN CUM DY. COMMISSIONER OF BARPETA DISTRICT ASSAM PIN-781301. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA DIST. BARPETA ASSAM PIN-781301. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER BHAWANIPUR DIST. BARPETA ASSAM PIN-781352. 7:THE HEADMISTRESS CUM SECRETARY OF DAKSHIN KUMULLIPARA M.E. MADRASSA VILL. KUMULLIPARA P.O. GAREMARI P.S. HOWLY DIST. BARPETA ASSAM PIN-781314. 8:THE DAKSHIN KUMULLIPARA M.E. MADRASSA

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REP. BY THE PRESIDENT SCHOOL MANAGING COMMITTEE (SMC) OF DAKSHIN KUMULLIPARA M.E. MADRASSA KUMULLIPARA P.O. GAREMARI

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DIST. BARPETA ASSAM PIN-781314. 9:ALI KHANAM

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TUTOR OF 1506 NO. PASCHIM BANIARAPARA L.P SCHOOL C/O. HEAD MASTER OF 1506 NO. PASCHIM BANIARAPARA L.P. SCHOOL VILL. BANIARAPARA P.O. GAREMARI P.S. HOWLY DIST. BARPETA ASSAM PIN-781314. -----------Advocate for : MR. M U MAHMUD Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 8 ORS

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BEFORE

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HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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27.04.2022

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Heard Mr. MA Sheikh, learned counsel for the review petitioner. Also heard Mr. MU Mahmud, learned counsel for the writ petitioner in WP(C)No.1714/2021.

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The respondent No.9 in WP(C)No.1714/2021 namely Alia Khanam had instituted IA(C)No.1329/2021 with the following prayer:

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“Under the above circumstances it is therefore prayed that Your Lordships would be please to admit this application call for the records and after hearing the parties would be pleased to vacate the status-quo order dated 18/03/2021 and order dated 31/03/2021 passed in W.P.(c) No.1714/2021 in the interest of justice and equity and allow the applicant to draw her monthly salary along with arrear salary as tutor of Dakshin Kamulliapara M.E. Madrassa. And for this act of kindness, the applicant as in

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duty bound shall ever pray.”

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The prayer made in IA(C)No.1329/2021 was two-fold i.e. firstly to vacate the interim order of status-quo dated 18.03.2021 and the order dated 31.03.2021 passed in WP(C)No.1714/2021 and further to allow the review petitioner/applicant to draw her monthly salary along with arrear salary as a tutor of Dakshin Kamulliapara ME Madrassa.

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The IA(C)No.1329/2021 was given a consideration by the order dated 01.11.2021 by which it was clarified that as the continuance of the interim order dated 31.03.2021 in WP(C)No.1714/2021 required the existence of an interim order as on 31.03.2021 and further as the interim order was not extended on 25.03.2021, therefore, no interim order existed as on 31.03.2021. Accordingly, the first prayer in IA(C)No.1329/2021 was given its consideration by holding that as the interim order did not continued as on 31.03.2021, therefore, there was no requirement of vacating the interim order. But, however, the Court was also of the view that two causes of action have been conjoined together in IA(C)No.1329/2021 and, therefore, the petitioner was required to file a separate interlocutory application for the purpose of the second relief sought for i.e., for payment of salary and arrear salary of the petitioner. However, inadvertently, although the said liberty was granted it was not incorporated in the order dated 01.11.2021 in IA(C)No.1329/2021.

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In this review petition, we clarify the aforesaid aspect and provide that while passing the order dated 01.11.2021 in IA(C)No.1329/2021 liberty was also

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granted to the petitioner to file appropriate application claiming for the second relief inasmuch as, there was a mis-joinder of causes of action in IA(C)No.1329/2021.

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Review petition stands allowed with the aforesaid clarification.

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It has further been brought to our notice that on the basis of the liberty, the petitioner instituted IA(C)No.963/2022 for claiming the salary and the arrear salary, but, however, by the order dated 04.04.2022, the said application was rejected on the ground of constructive res judicata to the extent that as the prayer of salary and arrear salary was also made in IA(C)No.1329/2021, therefore, no further application could be maintainable. But, however, as the said order was passed by another Bench, the petitioner may prefer a review application against the said order with the clarification provided in this review petition with respect of the order dated 01.11.2021 in IA(C)No.1329/2021, if so advised.

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

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JUDGE

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Comparing Assistant

Alia Khanam v. Jarina Khatun and 8 Ors.

Case brief

What is this about?

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Alia Khanam v. Jarina Khatun and 8 Ors.

Case brief

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