Allowed

Dipar Boro v. the State of Assam and 7 Ors.

Gauhati HC20 Dec 2021I.A.(Civil)/2069/2021

Case brief

AI extract

What is this about?

In an interlocutory application, the Gauhati High Court allowed a petition to correct a clerical error in a previous order. The court modified the record to state the petitioner was appointed as an Assistant Teacher in 1999 instead of 1994.

What did the court decide?

Interlocutory application allowed; previous order was read with the corrected paragraph regarding the appointment year.

Dipar Boro Vs the State of Assam and 7 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010177772021

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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)/2069/2021

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DIPAR BORO

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S/O SRI LAHIT CH. BARO, R/O VILL. BHOGPUR, P.O. AND P.S. BARAMA, DIST. BAKSA, BTR, ASSAM (THE THEN NALBARI) PIN 781346

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT., DISPUR, GUWAHATI 06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI 19

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3:THE DIRECTOR OF ACCOUNTANT GENERAL ( A AND E) ASSAM BELTOLA GUWAHATI 29

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4:THE DIRECTOR OF EDUCATION

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BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN 783370

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5:THE PRINCIPAL SECY. BTC/BTR BODOFA NWGWR KOKRAJHAR

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6:THE CHIEF SECY. BTC/BTR

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Page No.# 2/3

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BODOFA NWGWR KOKRAJHAR.

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7:THE DIST. ELEMENTARY EDUCATION OFFICER

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BASKA MUSHALPUR DIST. BAKSA PIN 781343

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8:THE BLOCK ELEMENTARY EDUCATION OFFICER

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TIHU BARAMA DIST. BAKSA PIN 78134

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Advocate for the Petitioner : MD B ISLAM

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 20-12-2021

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Heard Mr. B Islam, the learned counsel for the petitioner.

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A correction is sought for in this interlocutory application to the order dated 06.10.2021 in WP(C)/5257/2021. In paragraph 2 thereof, it was provided that the petitioner who was appointed as an Assistant Teacher in the year 1994 in the 814 No. Bhogpur LP School, continued to serve and receive his salaries up to November, 2009.

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It is stated that the appointment year of the petitioner is 1999 and not 1994.

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Accordingly, paragraph 2 of the order dated 06.10.2021 in WP(C)/5257/2021 stands corrected by providing that the petitioner who was appointed as an Assistant Teacher in the year 1999 in the 814 No. Bhogpur LP School, continued to serve and receive his salaries up to November, 2009.

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Paragraph 2 of the order dated 06.10.2021 in WP(C)/5257/2021 be now read as follows:

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Page No.# 3/3

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“2. The petitioner, who was appointed as an Assistant Teacher in the year 1999 in the 814 No. Bhogpur LP School, continued to serve and received his salaries up to November, 2009 when the services were terminated by an order dated 19.11.2009. The termination of the services of the petitioner and other similarly situated persons resulted in the order dated 01.10.2015 being passed in Writ Appeal No. 182/2013. After the order of the Writ Appellate Court, the order dated 22.09.2015 had been passed by the Joint Secretary to the BTC, whereby pursuant to the BTC Executive meeting resolution No. 4 dated 27.04.2015 and resolution No. 4 of the minutes of the Departmental meeting of Education Department held on 26.06.2015, respectively, the BTC was pleased to withdraw the order of termination made against the petitioner Dipar Boro.”

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I.A. stands allowed in the above terms.

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The order dated 06.10.2021 in WP(C)/5257/2021 be now read by incorporating the aforesaid corrections.

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JUDGE

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Comparing Assistant

Dipar Boro v. the State of Assam and 7 Ors.

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Dipar Boro v. the State of Assam and 7 Ors.

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