Allowed

Debangshu Kr Bhowmic v. the State of Assam and 2 Ors.

Gauhati HC9 Feb 2021I.A.(Civil)/165/2021

Case brief

AI extract

What is this about?

An applicant seeking regularization of service and post sanction in a government college moved for impleadment of the State Personnel and Finance Departments as respondents in the connected writ petition, which the Court allowed.

What did the court decide?

Leave to implead the Personnel Department and Finance Department of the State as respondent Nos. 4 and 5 in connected WP(C) No. 5524/2020.

Debangshu Kr Bhowmic Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010009522021

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

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WP(C) No. 5524/2020

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DEBANGSHU KR BHOWMIC

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S/O. NARAYAN CHANDRA BHOWMICK, R/O. DOBOKA TOWN, W/NO.9, P.O. DOBOKA, DIST. NAGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 2 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPTT., DISPUR, GHY-06

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2:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA

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ASSAMGHY-19

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3:HAJI ANFAR ALI COLLEGE REP. BY ITS PRINCIPAL P.O. DOBOKAHOJAIDIST.- NAGAON PIN- 782440ASSA

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Advocate for the Petitioner : MS D BORGOHAIN Advocate for the Respondent : SC, HIGHER EDU

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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09-02-2021

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Heard Ms. D. Borgohain, learned counsel for the applicant/petitioner and Mr. K. Gogoi, learned Standing counsel, Higher Secondary Education Department for the respondent Nos. 1 and 2.

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Page No.# 2/2

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The applicant/petitioner is serving as a Lower Division Assistant in Haji Anfar Ali College, Doboka, Hojai against a non-sanctioned post since the year 1998. As per the Government norms, the said college is entitled for three more sanctioned posts of LDA.

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It is submitted by the applicant that in this regard, the Director of Higher Education, Assam by its communication dated 08.07.2010 submitted a proposal before the State Government in the Higher Education Department that at present, there is one sanctioned post of LDA in said Haji Anfar Ali College and considering the number of enrollment in the said college, more posts of LDAs are required in it.

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The applicant/petitioner preferred the connected writ petition being WP(C) No. 5524/2020 praying for a direction to the respondents therein to release one more post of LDA in said college and to regularize his service against a sanctioned vacant post of LDA w.e.f. 17.09.1998 and also to pay his arrear salary for the years of service rendered by him in that college.

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Inadvertently, in said WP(C) No. 5524/2020 preferred by the applicant, the Personnel Department of the State as well as the Finance Department of the State were not made parties who are the concerned authorities for sanctioning of any such public post.

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Hence, this application by the applicant to implead the Commissioner and Secretary to the Government of Assam in the Personnel Department as well as the Commissioner and Secretary to the Government of Assam in the Finance Department as party respondent Nos. 4 & 5 respectively, in the connected WP(C) No. 5524/2020.

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This Court is also of the view that the Personnel Department of the State as well as the Finance Department of the State are necessary parties for proper adjudication of said WP(C) No. 5524/2020.

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After hearing the learned counsels for the parties, the applicant is allowed to implead the Personnel Department of the State as well as the Finance Department of the State as respondent Nos. 4 & 5, in the connected WP(C) No. 5524/2020.

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With the above observation and direction, this I. A.(C) stands allowed.

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JUDGE

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Comparing Assistant

Debangshu Kr Bhowmic v. the State of Assam and 2 Ors.

Case brief

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What did the court decide?

Debangshu Kr Bhowmic v. the State of Assam and 2 Ors.

Case brief

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