Disposed

MD Abdur Razzaque v. Padmeswar Borah and 5 Ors.

Gauhati HC9 Dec 2021I.A.(Civil)/1433/2021

Case brief

AI extract

What is this about?

The court closed the writ petition regarding seniority in the Sub-Inspector of Schools cadre, holding the matter subjudice pending the Director of Elementary Education's reasoned order on a representation. Status-quo was maintained with liberty to approach appropriate forums if aggrieved.

What did the court decide?

Closed writ petition with liberty to approach appropriate forum if aggrieved; status-quo maintained pending Director's order.

MD Abdur Razzaque Vs Padmeswar Borah and 5… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010140372021

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

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Case No. : I.A.(Civil)/1433/2021

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MD ABDUR RAZZAQUE

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S/O- HAMED ALI, R/O, VILL- NO.1 AHENDPUR, PO- ISLAMGAON, DISTLAKHIMPUR, ASSAM

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VERSUS

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PADMESWAR BORAH AND 5 ORS

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S/O GOLAP BORAH RESIDENT OF VILLAGE NADIKA (KAHIPARA) PO AND PS LALUK DIST LAKHIMPUR, ASSAM, 784160

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ELEMENTARY EDUCATION GUWAHATI 06

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ELEMENTARY EDUCATION ASSAM KAHILIPARA DISPUR GUWAHATI 06

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4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM

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KAHILIPARA GUWAHATI 781019

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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LAKHIMPUR NORTH LAKHIMPUR

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6:THE BLOCK ELEMENTARY OFFICER

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BIHPURIA LAKHIMPU

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Advocate for the Petitioner : MR. S K TALUKDAR

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 09-12-2021

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Heard Mr. S. Borah, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned Standing Counsel appearing for the Elementary Education Department, respondent Nos. 1 to 5. Also heard Mr. S.K. Talukdar, learned counsel appearing for the respondent No. 6. The respondent No. 6 is the applicant in the connected Interlocutory Application which has been filed for alteration/ variation of the order dated 27.07.2021 passed in this writ petition.

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The WP(C) No. 4562/2021 ( Abdur Razzaque Vs. The State of Assam and 3 others ), was filed against the final gradation list of the cadre of Sub-Inspector of Schools dated 30.06.2020. The petitioner claims seniority over the private respondent therein. The private respondent No. 4 in the said WP(C) No. 4562/2021 is the petitioner in the present writ petition. The said WP(C) No. 4562/2021 was disposed of by order dated 20.09.2021, directing the Director of Elementary Education, Assam to hear the private respondent No. 4 therein (i.e. the petitioner as well as private respondent No. 6 in this writ petition) and to pass a reasoned order on the representation to be submitted by the respondent No. 6 in this writ petition within a period of 3 (three) months from the date of submission of the representation along with a certified copy of the order. It is submitted by the learned counsel for the petitioner that the hearing has been concluded

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and the parties are awaiting for the order by the Director of Elementary Education .

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From the aforesaid statement made at the Bar, the Court is of the considered opinion that the issue raised in this writ petition would be squarely covered and decided by the proposed order on disposal of the representation as indicated in the order dated 20.09.2021 in WP(C) No. 4562/2021.

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Accordingly, the Court is inclined to close this writ petition, however, by granting liberty to both sides to ventilate their grievances in an appropriate Court/ Forum as they may be so advised if they are aggrieved by the order that may be passed by the Director of Elementary Education..

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It is needless to say that till the disposal of the said representation, status-quo of the parties as on today shall be maintained.

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JUDGE

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Comparing Assistant

MD Abdur Razzaque v. Padmeswar Borah and 5 Ors.

Case brief

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MD Abdur Razzaque v. Padmeswar Borah and 5 Ors.

Case brief

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