Disposed

Biplab Kanti Das and 3 Ors. v. the State of Assam and 4 Ors.

Gauhati HC17 Aug 2022WP(C)/1177/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by teachers from a Tribal M.E. School seeking provincialisation of their services. The court directed the petitioners to file a statutory appeal under the relevant Act, 2017, instead of proceeding in the writ jurisdiction.

What did the court decide?

Petitioners directed to file an appeal under Section 14 of the Act of 2017 within one month. State directed to consider and pass reasoned order within two months.

Biplab Kanti Das and 3 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010025512022

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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)/1177/2022

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BIPLAB KANTI DAS AND 3 ORS

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S/O- LATE LILANGSHU MOHAN DAS, A.L.T., BORUNCHERRA TRIBAL M.E. SCHOOL, HAILAKANDI, R/O- HAILAKANDI TOWN, WARD NO. 11, P.O., P.S. AND DIST.- HAILAKANDI, ASSAM

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2: SONALI DAS D/O- PREMANANDA DAS HINDI TEACHER BORUNCHERRA TRIBAL M.E. SCHOOL HAILAKANDI R/O- UTTAR KANCHANPUR PART-II P.O. KALIBARI BAZAR P.S. ALGAPUR DIST.- HAILAKANDI ASSAM 3: SAPTARISHI DAS D/O- ANIL KUMAR DAS ASSTT. TEACHER BORUNCHERRA TRIBAL M.E. SCHOOL HAILAKANDI R/O- VILL.- RANGABACK PART-II P.O. RANGABACK PART-II P.S. KATLICHERRA DIST. HAILAKANDI, ASSAM 4: ASAB UDDIN BARBHUIA S/O- SIRAJ UDDIN BARBHUIYA ASSTT. TEACHER BORUNCHERRA TRIBAL M.E. SCHOOL HAILAKANDI R/O- VILL.- BORUNCHERRA P.O. KUKICHERRA P.S. KATLICHERRA DIST. HAILAKANDI, ASSA

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Page No.# 2/4

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECERTARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE STATE LEVEL SCRUTINY COMMITTEE REP. BY THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DISTRICT SCRUTINY COMMITTEE REP. BY THE DEPUTY COMMISSIONER HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSA

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Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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th 17 August, 2022

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Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners. Also heard Mr. P.N. Sarma, learned standing counsel, Elementary Education Department, for respondent Nos. 1, 2, 3 and 5 as well as Mr. P. Saikia, learned Government Advocate, appearing on behalf of the respondent No. 4.

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Boruncherra Tribal M.E. School was established on 01-01-1990 under Katlicherra Education Block of Hailakandi district, Assam, as a venture institution and was also captured in the DISE Code from the year 2009-2010. The petitioner No. 1 was appointed as Assamese Language Teacher, petitioner No. 2 as Hindi Teacher and petitioner Nos. 3 and 4 were appointed as Assistant Teachers in the said school on the basis of a resolution of the School Managing Committee. The said school was also inspected from time to time and in the Inspection Report dated 08-06-2015, done by the Inspector of Schools, HDC, Hailakandi and the District Elementary Education Officer, Hailakandi, under the head teachers’ position/strength, the names of all the petitioners appeared along with four other teachers. The Inspection Report further stated that the teachers are found good and regular in discharging their duties.

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In terms of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (hereinafter referred to as ‘the Act of 2017’), the Commissioner and Secretary to the Government of Assam, Elementary Education Department issued the office memorandum dated 12-05-2017, regarding implementation of the Act of 2017. Thereafter, the petitioners, along with other staff of the said school applied in prescribed form for provincialisation of their services as Teachers/Tuitors. The District Scrutiny Committee, in its meeting held on 31-12-2018, recommended the names of the petitioners along with other staff of the school, to the State Scrutiny Committee. However, the cases of the petitioners were not considered by the State Scrutiny Committee. The other teachers of different schools as well as that of the petitioners’ school were provincialised by the order dated 05-02-2021, issued by the Director, Elementary Education Assam. Being aggrieved, the petitioners are before this Court.

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Section 14 of the Act of 2017 provides for an appeal before the State Government against any recommendation made by the State Scrutiny Committee.

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Accordingly, the petitioners are directed to file an appeal as provided under Section 14 of the Act of 2017 before the respondent No.1/ Secretary to the Government of Assam, Education (Elementary) Department, within a period of one month from today. Thereafter, on receipt of the appeal, the Secretary to the Government of Assam, Education (Elementary) Department, shall consider the appeal filed by the petitioners and after verification of all relevant records report, pass a reasoned order in accordance with law, within a period of two months from the date of receipt of the appeal.

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With the above observations and directions this writ petition stand disposed of.

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JUDGE

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Comparing Assistant

Biplab Kanti Das and 3 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Biplab Kanti Das and 3 Ors. v. the State of Assam and 4 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

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