Remanded

Sahadulal Ahmed and Anr. v. the State of Assam and 6 Ors.

Gauhati HC5 Aug 2022WP(C)/1007/2021

Case brief

AI extract

What is this about?

Writ petition regarding provincialisation of teachers in Assam. Court remanded matter to Director of Elementary Education to verify DISE codes and ensure petitioner-respondents are included while excluding the erroneously listed respondent-teacher, with interim prohibition on granting benefits to the latter.

What did the court decide?

Matter remanded to Director of Elementary Education to verify DISE codes and correct the provincialisation list, with interim order suspending benefits to the erroneously included teacher.

Sahadulal Ahmed and Anr. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010124932021

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

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WP(C)/1007/2021

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SAHADULAL AHMED AND ANR S/O AKABAR ALI R/O VILL. PATAKATA PART-3 P.S. GAURIPUR P.O. BOGARIBARI EDUCATION OFFICE BILASIPARA DIST. DHUBRI ASSAM 783349

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2: KISMAT ALI

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S/O ABDUL HUSSAIN R/O VILL. JHELTURCHAR PART-3 P.S. BILASIPARA P.O. BOGORIBARI DIST. DHUBRI ASSAM 783349 VERSUS

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THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISUR GUWAHATI 781006 ASSAM.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI 781019 3:THE DEPUTY COMMISSIONER

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DHUBRI DIST. DHUBRI ASSAM. 4:THE DIST. ELEMENTARY EDUCATION OFFICER DHUBRI DIST. DHUBRI ASSAM. 5:THE DEPUTY INSPECTOR OF SCHOOLS BILASIPARA DIST. DHUBRI ASSAM. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER BILASIPARA DIST. DHUBRI ASSAM. 7:MOKRAM ALI S/O LATE SEGAR ALI R/O VILL. NAYER ALGA PART-3 P.S. BILASIPARA DIST. DHUBRI ASSAM. -----------Advocate for : MR. B D KONWAR SR. ADV. Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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05.08.2022

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Heard Mr. J Singh, learned counsel for the petitioners. Also heard Ms. N Phukan, learned counsel for the respondents No.1, 2, 4, 5 and 6 being the authorities under the Elementary Education Department, Government of Assam, Mr. JK Parajuli, learned Junior Government Advocate for the respondent No.3

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being the Deputy Commissioner, Dhubri and Mr. MU Mondal, learned counsel for the respondent No.7.

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The petitioner No.1 Sahadulal Ahmed and the petitioner No.2 Kismat Ali claim to be the Head Teacher and a Teacher of the P Bhassanipara Venture LP School in the Dhubri district having been appointed in the year 2000 and 2003 respectively.

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According to the petitioners, the respondent No.7 Mokram Ali is a teacher of a different LP school namely Paschim Vassanipara Venture LP School having the DISE code No.0416342. The petitioners claim that the DISE code of P Bhassanipara Venture LP School where they are serving is 0416322. In the provincialisation process under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (for short, the Act of 2017), the school of the petitioners i.e. P Bhassanipara Venture LP School having the DISE code No.0416322 was included at Sl.No.26 of the list of schools recommended for the purpose of provincialisation wherein the names of the petitioners were included as eligible teachers and the base school of the petitioners was shown as 2041 No.Andamari LP School which was within a distance of 1.5 KM from the petitioners’ school.

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The respondent No.2 being the Chairman of the State Level Scrutiny Committee for Elementary Education for the purpose of provincialisation had notified a district-wise list of teachers for provincialisation as per Notification No.EPD-46/2017/Pt-I/42 dated 04.02.2021. As per the said list contained in

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Notification dated 04.02.2021, it is the name of the respondent No.7 Mokram Ali that appears at Sl.No.433 against the school named P Bhassanipara Venture LP School in the Bilasipara district.

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Mr. MU Mondal, learned counsel for the respondent No.7 on the other hand, raises the contention that the Notification containing the list of provincialised teachers wherein the name of respondent No.7 is at Sl.No.433 is a correct depiction and the respondent No.7 was provincialised against the school in which he was teaching. The said statement has to be understood to mean that the respondent No.7 was provincialised against Paschim Vassanipara Venture LP School having DISE code No. 0416342. Considering the ambit of the dispute between the parties as to whether the respondent No.7 was provincialised against the Paschim Vassanipara Venture LP School having DISE code No. 0416342 or against P Bhassanipara Venture LP School having the DISE code No. 0416322, we remand the matter back to the Director of Elementary Education Assam to call for the records, verify the respective DISE codes of the two schools, namely Paschim Vassanipara Venture LP School and P Bhassanipara Venture LP School and also to find out as to in which of the two schools the petitioners were appointed and served and in which school the respondent No.7 was appointed and served.

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As it is an admitted case of the respondent No.7 that he is a teacher of Paschim Vassanipara Venture LP School bearing DISE code No. 0416342, the Director of Elementary Education Assam upon examining the records, if finds that the respondent No.7 was provincialised in Paschim Vassanipara Venture LP School bearing DISE code No. 0416342 appropriate reasoned order may be

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passed. In the event, the Director upon examining the records finds that the respondent No.7 was provincialised against the P Bhassanipara Venture LP School having the DISE code No. 0416322 appropriate order may be passed for removing the name of the respondent No.7 from the list of provincialised teacher and pass necessary corrected order to bring in the teachers of P Bhassanipara Venture LP School having the DISE code No. 0416322 in the list of provincialised teachers which may include the name of the petitioners, if found correct and genuine.

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The above requirement be done within a period of two months from the date of receipt of a certified copy of this order.

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Till such reasoned order is passed by the Director of Elementary Education, Assam, the interim order not to give the benefits of provincialisation to respondent No.7 be continued and the interim order shall ultimately merge with the reasoned order that the Director may pass.

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Writ petition, is accordingly, disposed of.

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Comparing Assistant

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JUDGE

Sahadulal Ahmed and Anr. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Sahadulal Ahmed and Anr. v. the State of Assam and 6 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

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