Jahirul Islam v. the State of Assam and 5 Ors.
Case brief
What is this about?
In a writ petition regarding provincialisation of services and inter-se seniority, the Gauhati High Court closed the petition noting the petitioner's services were recently provincialised. The court observed the dismissal did not comply with prior directions regarding seniority and effective date, granting liberty to claim those specific rights.
What did the court decide?
Writ petition closed; liberty granted to petitioner to claim right to back wages and seniority as per order dated 19.02.2015.
What the court decided
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GAHC010060332021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2339/2021
JAHIRUL ISLAM
S/O- LT. MOTIUR RAHMAN, VILL- JHARPARA PART-I, P.O. LENGTISINGA, P.S. ABHAYAPURI, DIST.- BONGAIGAON, ASSAM, PIN- 783384
VERSUS
THE STATE OF ASSAM AND 5 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPTT., DISPUR, GHY-06
2:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA ASSAM GHY-19
3:THE GOVERNING BODY OF RAJIB GANDHI MEMORIAL COLLEGE REP. BY ITS PRESIDENT LENGTISINGA ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384
4:THE PRINCIPAL RAJIV GANDHI MEMORIAL COLLEGE LENGTISINGA ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384
- 5:SOIFUL ISLAM
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to inter-se seniority and date of provincialisation as per the order dated 19.02.2015 in W.P(C) 1463/2014.
Whether subsequent provincialisation of the petitioner under a different Act satisfies the earlier court order.
Whether the writ petition is maintainable given the principle of constructive res judicata.
Parties & counsel
- petitioner
JAHIRUL ISLAM
- respondent
THE STATE OF ASSAM AND 5 ORS
Coram
ACHINTYA MALLA BUJOR BARUA
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · August
- Registered
- Case no.
- WP(C)/2339/2021
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