Disposed

Bimal Basumatary v. the State of Assam and 3 Ors.

Gauhati HC18 Mar 2021WP(C)/4197/2020

Case brief

AI extract

What is this about?

Petitioner claiming appointment as Assistant Teacher seeks regular and arrear salary. Court directs Director of Elementary Education to pass a reasoned order within two months considering the petitioner's representation, without expressing a view on the merit of the claim.

What did the court decide?

Directed the Director of Elementary Education Department to pass a reasoned order within two months on the petitioner's representation regarding arrear and regular salary.

Bimal Basumatary Vs the State of Assam and 3… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010141132020

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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)/4197/2020

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BIMAL BASUMATARY S/O- LT. KATIBOR BASUMATARY, R/O- VILL- KACHARIGAON, P.O. KATHIATOLI, P.S. KAMPUR, DIST.- NAGAON, ASSAM, PIN- 782427

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY-06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON P.O. AND P.S. SADAR NAGAON DIST.- NAGAON ASSAM PIN- 782001 4:THE DY. INSPECTOR OF SCHOOLS NAGAON P.O. AND P.S. SADAR NAGAON DIST.- NAGAON ASSAM PIN- 78200

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Advocate for the Petitioner : MR. S Ali

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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 : 18-03-2021

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Heard Mr. S. Ali, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned counsel for all the respondents.

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The petitioner claims to have been appointed as an Assistant Teacher in the Barapujia Govt. MV School in the Nagaon district in the scale of Rs.3130/- to Rs.6600/- per month plus other allowance as admissible. The petitioner also claims that the appointment was pursuant to a process initiated by the respondents to fill up 7500 posts of Assistant Teachers in the provincialised MV/ME/ME Madrassa/Senior Basic/Junior Basic/ Junior L.P. Schools L.P. Schools of different districts of Assam. It is also claimed that the petitioner has appeared in the interview in the office of District Elementary Education Officer, Nagaon for the purpose and that his name appeared in the select list prepared by the Sub-Divisional Level Advisory Board at Nagaon district.

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Be that as it may, the claim of the petitioner in this writ petition is for payment of a regular salary as well as arrear salary inasmuch as he was working against a sanctioned post in the Barapujia Govt. MV School. The petitioner makes a limited prayer in this writ petition that he had filed a representation dated 29.09.2020 before the Director of Elementary Education, Assam claiming for his arrear and regular salaries and the said representation be given a consideration. In the representation the petitioner also refers that a similarly situated person had approached this Court by way of WP(C) No. 2081/2020 wherein an order dated 19.03.2020 was passed to consider the claim of that petitioner within a period of two months. 4. The petitioner claims parity with the petitioner of WP(C) No. 2081/2020 and accordingly in the representation a prayer was made that a similar consideration be also given to the petitioner.

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As a limited prayer is insisted when the matter is heard, we are inclined to accept the said prayer for a consideration of the representation dated 29.09.2020. However, we are making it clear that we are not observing anything on the merit of the claim of the petitioner for his arrear and regular salary nor we are expressing any view on the entitlement of the petitioner for such arrear and regular salary. Our order would only require the Director of

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Elementary Education Department of Government of Assam to pass a reasoned order on the representation filed by the petitioner dated 29.09.2020 which is annexed as Annexure-12 page 124.

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The reasoned order be passed within a period of two months of the receipt of the certified copy of the order.

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In passing the reasoned order the Director may take note of the grounds raised by the petitioner in the representation.

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JUDGE

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Comparing Assistant

Bimal Basumatary v. the State of Assam and 3 Ors.

Case brief

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Bimal Basumatary v. the State of Assam and 3 Ors.

Case brief

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