Applicant sought to vacate an interim order stopping salary despite prior provincialisation. Court allowed vacation, but clarified that accrued benefits from provincialisation remain subject to main Writ Petition outcome.
Interim order dated 05.10.2021 was vacated. Accrued benefits subject to outcome of writ petition.
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GAHC010008532022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/151/2022
SMTI. HANOWARA KHATUN W/O ABDUL MALEQUE, R/O VILL-DEBATTAR HASDAHA PART-V, P.O.DEBATTAR HASDAHA, DIST-DHUBRI, ASSAM, PIN-783334
VERSUS
MAINUL HOQUE CHOUDHURY AND 4 ORS S/O LATE SORAB ALI SK, R/O VILL-MATIABAG, P.O.-GAURIPUR, DISTDHUBRI, ASSAM, PIN-783331
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION DEPARTMENT (ELEMENTARY) DISPUR GUWAHATI-6 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:DISTRICT SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN DIST-DHUBRI ASSAM PIN-783301 5:THE DISTRICT ELEMENTARY EDUCATION DIST-DHUBRI ASSAM
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PIN-78330
Advocate for the Petitioner : MR. JAINUL ABEDIN
Advocate for the Respondent : SC, ELEM. EDU
Linked Case : WP(C)/5211/2021
MAINUL HOQUE CHOUDHURY S/O LATE SORAB ALI SK R/O VILL-MATIABAG P.O.-GAURIPUR DIST-DHUBRI ASSAM PIN-783331
VERSUS
THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION DEPARTMENT (ELEMENTARY) DISPUR GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:DISTRICT SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN DIST-DHUBRI ASSAM PIN-783301 4:THE DISTRICT ELEMENTARY EDUCATION DIST-DHUBRI ASSAM PIN-783301 5:SMTI. HANOWARA KHATUN W/O ABDUL MALEQUE R/O VILL-DEBATTAR HASDAHA PART-V P.O.-DEBATTAR HASDAHA DIST-DHUBRI ASSAM PIN-783334 6:SARBA SIKSHA ABHIYAN MISSION (SSA)
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ASSAM REPRESENTED THROUGH ITS MISSION DIRECTOR KAHILIPARA GUWAHATI-19. -----------Advocate for : MR. P K DEKA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
27.04.2022
Heard Mr. D. A. Kaiyum, the learned counsel for the applicant and Mr. P. K. Deka, the learned counsel appearing on behalf of the writ petitioner. Also heard Mr. P. N. Sarma, the learned counsel appearing on behalf of the Elementary Education Department for the respondent Nos. 1, 2 & 4 as well as Mr. S. R. Baruah, the learned counsel appearing on behalf of the respondent No. 3.
This Court vide an order dated 05.10.2021 observed that until further order, the effects of provincialisation be not given to the respondent No. 5. The said order was passed ex-parte.
Mr. D. A. Kaiyum, the learned counsel for the applicant/respondent No. 5 submits that the services of the applicant/respondent No. 5 were already provincialised on 05.02.2021, and thereafter, the applicant/respondent No. 5 was earning her salary but on account of the order dated 05.10.2021, her salary has been stopped.
Taking into account that the services of the applicant/respondent No.
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5 has already been provincialised and she is serving, this Court is of the opinion that the balance of convenience is in favour of the applicant/respondent No. 5 in not continuing with the interim direction dated 05.10.2021, and accordingly, the order dated 05.10.2021 is vacated.
However, it is clarified that the order of provincialisation made in favour of the applicant/respondent No. 5 and the benefit which has accrued on the basis of the order of provincialisation dated 05.02.2021, shall be subject to the outcome of the writ petition.
In view of the above, this Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the interim direction staying the effects of provincialisation should be vacated now that provincialisation has already been effected and salary was drawn.
Whether accrued benefits from the earlier provincialisation order should be preserved subject to the outcome of the main writ petition.
Hanowara Khatun
Mainul Hoque Choudhury
State of Assam
Director of Elementary Education
District Scrutiny Committee
District Elementary Education
Devashis Baruah
As recorded by the court registry
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