Disposed

Mashilu Lap v. the State of Ap and 2 Ors.

Gauhati HC8 Dec 2021WP(C)/412/2021

Case brief

AI extract

What is this about?

The Gauhati High Court stayed an order transferring an Assistant Teacher, directing the appropriate authority to record and consider her pending representations against the transfer within three weeks while maintaining status quo ante.

What did the court decide?

Status quo ante maintained pending disposal of representation; Authority directed to consider representation and pass speaking order within three weeks.

Mashilu Lap Vs the State of Ap and 2 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC040011882021

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

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Case No. : WP(C) 412/2021

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1:Mashilu Lap W/o Shri Najhai Tindya, C/o ADC Office, Hayuliang, P.O/P.S Hayuliang, District Anjaw, Arunachal Pradesh. Phone No. 8974399015

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VERSUS

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1:THE STATE OF AP and 2 Ors. Represented by the Commissioner Education cum State Project Director, ISSE

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2:The Deputy Commissioner cum District Project Director ISSE Anjaw District Hawai

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3:The Deputy Director School Education cum District Project ISSE Anjaw District Hawa

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Advocate for the Petitioner : Ojing Pada

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Advocate for the Respondent : Tagum Jamoh

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Page No.# 2/3

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BEFORE

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Hon’ble MR. JUSTICE sanjay kumar medhi

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ORDER

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08.12.2021

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As agreed to by the parties and taking into consideration the nature of writ petition and the prayer made, the same is taken up for disposal at the motion state itself.

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The petitioner who is an Assistant Teacher under PRT (ISSE) was initially appointed in the year 2010 and was posted at Kibithoo. Thereafter, in the year 2016 the petitioner was transfered to the Government Upper Primary School, Swami Camp, Hayuliang, in the District of Anjaw to which the petitioner had complied. However, vide the impugned order dated 10.11.2021, the petitioner has been again transferred from Swami Camp to Chaglagam.

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Sri O. Pada, learned counsel for the petitioner submits that midsession transfers are not to be given effect and in the instant case the children of the petitioner are having their exams in the first week of February, 2022. The learned counsel for the petitioner further submits that against the order of transfer, she has submitted representations before the authorities which are yet to be considered and one of such representation is dated 27.11.2021 annexed in the writ petition as Annexure-III.

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Sri Pada, learned counsel submits that if in the meantime, the petitioner is directed to move to her new place of posting, irreparable loss and injury would be suffered by her.

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On the other hand, Sri T. Jamoh, learned standing counsel Education

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Page No.# 3/3

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Department submits that he would not object to the prayer of the petitioner for considering and disposing of the representation submitted by her against the impugned order of transfer dated 10.11.2021.

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In view of above, it is directed that the appropriate authority, i.e. the Deputy Director of School-cum-DPO, ISSE, Anjaw District to take on record the representation dated 27.11.2021 and after consideration of the same, pass a speaking order. The said order may be passed within a period of 3 (three) weeks from the date of the receipt of the copy of this order along with fresh copy of the representation dated 27.11.2021. Such copies are required to be placed before the appropriate authority within 1 (one) week from today.

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It is directed till such consideration and disposal of the representation, status quo as on today be maintain.

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JUDGE

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Comparing Assistant

Mashilu Lap v. the State of Ap and 2 Ors.

Case brief

What is this about?

What did the court decide?

Mashilu Lap v. the State of Ap and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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