Partly allowed

Dhanada Dihingia Baruah v. the State of Assam and 4 Ors.

Gauhati HC4 Aug 2021WP(C)/1673/2021

Case brief

AI extract

What is this about?

Petitioner, a teacher in an Assam school under the 2017 Provincialisation Act, filed a writ petition seeking provincialisation in place of a former colleague whose retirement allegedly voided the earlier order. Court allowed the petitioner to withdraw the petition without issuing notice to certain respondents and granted liberty to approach again.

What did the court decide?

Prayer for withdrawal of writ petition allowed; liberty to approach again granted; writ petition closed on withdrawal.

Dhanada Dihingia Baruah Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010043062021

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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)/1673/2021

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DHANADA DIHINGIA BARUAH

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W/O- SRI C.K. BARUAH, R/O- H/NO-1, NAMGHAR PATH, MILIJULI BYLANE, PANJABARI, DIST.- KAMRUP (M), GHY-37

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GHY

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2:THE DIRECTOR OF SECONDARY ELECTION ASSAM KAHILIPARA GHY-19

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3:THE INSPECTOR OF SCHOOLS KAMRUP (M) PANBAZAR GHY-01

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4:THE PRINCIPAL

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KARMASHREE HITESWAR SAIKIA SENIOR SECONDARY SCHOOL PANJABARI GHY-22

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5:THE PRESIDENT

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GOVERNING BODY KARMASHREE HITESWAR SAIKIA SENIOR SECONDARY SCHOOL PANJABARI GHY-2

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Advocate for the Petitioner : MR. R GOSWAMI

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 04-08-2021

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Heard Mr. R Goswami, learned counsel for the petitioner. Also heard Mr. S M T Chistie, learned counsel for all the respondents being the authorities under the Secondary Education Department, Government of Assam.

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Considering the nature of the order proposed to be passed, notice need not to be issued to the respondents no. 4 and 5 for the present.

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The petitioner Dhanada Dihingia Baruah is a teacher having the qualification of M.A. and B.Ed. in Karmashree Hiteswar Saikia Senior Secondary School, Panjabari, Guwahati. In this writ petition, the petitioner seeks for a writ in the nature of mandamus to be provincialised in service under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institution) Act, 2017.

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The claim made by the petitioner is that one Nikunja Baruah who is also a teacher in the school and having been appointed on 16.09.1989 was provincialised as a teacher of logic and philosophy whereas the petitioner is also a teacher in the same subject logic and philosophy. The grievance raised is that Nikunja Baruah had retired from service on 01.03.2020 whereas the order of provincialisation is dated 04.02.2021. It is the case of the petitioner that admittedly the order of provincialisation was issued on 04.02.2021 when Nikunja Baruah was not in service and therefore, he could not have been provincialised.

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After hearing the learned counsel for the petitioner, we have noticed that in order to grant the reliefs prayed for in this writ petition for a direction to provincialise the service of the petitioner in place of Nikunja Baruah, a prior requirement would be to interfere with the order of provincialisation dated 04.02.2021 in respect of Nikunja Baruah. But no such prayer is made in this writ petition.

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