Disposed

Pralay Kanti Chowdhury and 3 Ors. v. the State of Assam and 3 Ors.

Gauhati HC3 Dec 2021WP(C)/5854/2021

Case brief

AI extract

What is this about?

Petitioner teachers challenged denial of promotion to Headmaster due to lack of 10 years experience. Court disposed of writ petition by directing authorities to consider relaxation of qualification requirements and decide within six weeks.

What did the court decide?

Court directed authorities to consider petitioners' case for relaxation of 10-year experience requirement and decide within six weeks.

Pralay Kanti Chowdhury and 3 Ors. Vs the… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010172262021

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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)/5854/2021

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PRALAY KANTI CHOWDHURY AND 3 ORS S/O- PIJUSHKANTI CHOWDHURY, I/C HEADMASTER CUM GRADUATE ASSTT. TEACHER OF GHARBARAN AMARCHAND PREMODAMOYEE HIGH SCHOOL, KRISHNACHARAN ROAD, (WEST), R/O- VILL AND P.O. MEHERPUR, BEHIND SOUTH CITY HOSPITAL, SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788015

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2: SABINOY KRISHNA DAS S/O- LT. SURENDRA CHANDRA DAS I/C HEADMASTER CUM ASSTT. TEACHER GONGAPUR HIGH SCHOOL GANGAPUR R/O- NIZ KATIGORAH PART-III P.O. KATIGORAH DIST.- CACHAR ASSAM PIN- 788805

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3: NIRMAL KUMAR DAS S/O- SATYENDRA CH DAS I/C HEADMASTER CUM GRADUATE ASSTT. TEACHER EAST KAZIDAHAR HIGH SCHOOL R/O- DAKSHIN MOHANPUR PART-II P.O. THANGJAMLEIKAI DIST.- CACHAR ASSAM PIN- 788119

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4: MD. ABDUR RAHIM AHMED S/O- LT. MAKHMOD ALI I/C HEADMASTER CUM ASSTT. TEACHER OF MD. YASIN CHOUDHURY HIGH SCHOOL UTTAR KRISHNAPUR R/O- UTTAR MOHANPUR

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P.O. SONAIMUKH DIST.- CACHAR ASSAM PIN- 78811 VERSUS

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THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, DEPTT. OF SECONDARY EDUCATION, DISPUR, GHY, ASSAM, PIN- 781006

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY ASSAM PIN- 781019 3:THE DY. COMMISSIONER CACHAR SILCHAR CUM CHAIRMAN DISTRICT PROMOTION COMMITTEE CACHAR ASSAM PIN- 788001 4:THE INSPECTOR OF SCHOOLS CACHAR SILCHAR ASSAM PIN- 78800

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Advocate for the Petitioner : MR. A K DUTTA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 03.12.2021

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Heard Mr. B.D. Das, learned senior counsel assisted by Mr. B.

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Purkayastha, learned counsel for the petitioners. Also heard Ms. P. Chakrabarty, learned standing counsel for the respondent nos.1, 2 and 4 and Ms. B.D. Barman, learned Govt. Advocate appearing for the respondent no.3.

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At the outset, the petitioners are directed to provide separate Court Fees for all the writ petitioners in terms of second proviso to Rule 1 of Chapter V-A of the Gauhati High Court Rules.

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By filing this writ petition under Article 226 of the Constitution of India, the petitioners project that their services were provincialized w.e.f. 01.01.2013 under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011. In due course of time, the petitioners were appointed as In-charge Headmaster of their respective schools. It is also projected in the writ petition that the petitioners are otherwise senior-most graduate teachers in their respective schools and save and except for the fact that they have not completed 10 (ten) years of service as graduate teacher, their cases are not being considered for promotion to regular Headmaster.

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The learned senior counsel for the petitioners submits that the requirement of possessing 10 (ten) years of teaching experience as graduate teacher is under Rule 14(2)(b) of the Assam Secondary Education (Provincialised Schools) Services Rules, 2018 and it is submitted that the said provision is para materia to provisions of Rule 14(4)(ii) of the Assam Secondary Education (Provincialised) Service Rules, 2003.

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It is further submitted that under the provisions of Rule 33 of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018, the Govt. has a power to relax and accordingly, it is submitted that having regard to the fact that the petitioner are senior graduate teachers in their respective schools and

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also holding the post of in-charge Headmaster of the schools, the authorities of the Secondary Education Department are required to consider the case of the petitioners to be promoted as regular Headmasters.

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In this regard, the learned senior counsel for the petitioners placed reliance on an Order No.DSE/SSB/VP,HM & AHM/2/2018/92 dated 06.10.2018 to project that under the erstwhile rules, the case of similarly situated 39 persons was considered and promotion to the post of Headmaster and Assistant Headmaster was made. Accordingly, the learned senior counsel for the petitioners prays that the matter may be dispose of with a direction to the authorities of the Secondary Education Department to consider the case of the 4 (four) petitioners herein for promotion to the post of Headmaster by exercising the power to relax and/ or condone their lack of 10 years’ teaching experience as Graduate Teachers.

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The learned standing counsel for the Secondary Education Department has submitted that the said departmental order dated 06.10.2018 was passed under the erstwhile 2003 Rules.

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Be that as it may, without adjudicating the case on merit, having noted that the erstwhile 2003 Rules also envisaged 10 (ten) years experience as a must to be a graduate teacher and that despite the said hereinbefore referred Rule 14(4)(ii) of the Assam Secondary Education (Provincialized) Service Rules, 2003, the case of 39 other incumbents were considered and were given promotion to the post of Headmaster, the Court is inclined to give liberty to the petitioners to submit a representation before the Principal Secretary to the Govt. of Assam, Secondary Education Department within 2 (two) weeks so as to enable the State authorities to take a decision regarding relaxation as provided under Rule 33 of the Assam Secondary Education (Provincialized Schools)

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Service Rules, 2018 and upon receipt of such representation, the said authority shall take appropriate decision within a period of 6 (six) weeks from the date of receipt of such representation along with a certified copy of this order.

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With the aforesaid direction, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Pralay Kanti Chowdhury and 3 Ors. v. the State of Assam and 3 Ors.

Case brief

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Pralay Kanti Chowdhury and 3 Ors. v. the State of Assam and 3 Ors.

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