Disposed

MD Amir Ali Shiekh v. the State of Assam and 4 Ors.

Gauhati HC3 Aug 2021WP(C)/3466/2021

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed the petitioner's writ petition concerning the provincialisation of Shaheb Ali's services post-death. The court held the petition did not assail the provincialisation itself, granted withdrawal with liberty to file afresh, and closed the petition.

What did the court decide?

Prayer for withdrawal of the writ petition granted; liberty to approach the court again granted.

MD Amir Ali Shiekh Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2021)

¶1

Page No.# 1/3

¶2

GAHC010103332021

¶3

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

¶4

Case No. : WP(C)/3466/2021

¶5

MD AMIR ALI SHIEKH S/O LATE JURAN ALI SHEIKH VILLAGE CHIRAKHOWA PART III PO ALAMGANJ, DIST DHUBRI, ASSAM, 783339

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT ,DISPUR GUWAHATI 781006

¶8

2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DSIPUR GUWAHATI 781006

¶9

3:THE DIRECTOR OF ELEMENTARY EDUCATION

¶10

ASSAM KAHILIPARA GUWAHATI 781019

¶11

4:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION DHUBRI REPRESENTED BY ITS MEMBER SECRETARY THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM 783301

¶12

5:THE DISTRICT ELEMENTARY EDUCATION OFFICER

¶13

Page No.# 2/3

¶14

DHUBRI ASSAM 78330

¶15

Advocate for the Petitioner : MR. S H RAHMAN

¶16

Advocate for the Respondent : SC, ELEM. EDU

¶17

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶18

ORDER

¶19

Date : 03-08-2021

¶20

The petitioner assails the provincialisation of Shaheb Ali on the ground that Shaheb Ali had died on 18.08.2020 but the order of provincialisation is dated 04.02.2021.

¶21

As per Section 4(1) of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 a provincialisation is deemed to have come into effect from the date of order of provincialisation i.e. 04.02.2021. As on the said date, Shaheb Ali was not living any more, therefore, his services could not have been provincialised.

¶22

We do find substantial force in the argument of the learned counsel but in this writ petition the provincialisation of Shaheb Ali has not been assailed.

¶23

Accordingly, the learned counsel for the petitioner, Mr. D A Kayum seeks to withdraw this writ petition in its present form with a liberty to file afresh.

¶24

Prayer for withdrawal is granted.

¶25

Liberty is granted to approach again.

¶26

Writ petition stands closed on being withdrawn.

¶27

JUDGE

¶28

Page No.# 3/3

¶29

Comparing Assistant

MD Amir Ali Shiekh v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

MD Amir Ali Shiekh v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Debendra Nath Deka Vs the State of Assam and 3 Ors.

Golapi Das (Pathak) Vs the State of Assam and 5 Ors.

Dr. Monmi Saikia Vs the State of Assam and 4 Ors.

Chanchala Paul Vs Preetam Saikia and Anr.

Danswrang Brahma Vs the State of Assam and 7 Ors.

Rupak Kumar Pawe Vs the State of Assam and 4 Ors.