Petitioner seeking seniority over a teacher with discrepancies on joinings. Permissive order to appeal to Education Director within 2 weeks for speaking order after record consultation.
Petitioner directed to file appeal before Director. Director to consider appeal, hear parties, pass speaking order within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010155102021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2993/2021
SHAMSUN NAHAR D/O. MD. SOMED ALI W/O. SAIDUR MALLIK VILL. JAHURPAM P.S. BARPETA SADAR DIST. BARPETA ASSAM. PIN-781314.
VERSUS
THE STATE OF ASSAM AND 7 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR ASSAM GUWAHATI-781006.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
BARPETA ASSAM PIN-781301. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER
MANDIA BLOCK MANDIA DIST. BARPETA
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ASSAM PIN-781308. 5:THE DY. COMMISSIONER BARPETA DIST. BARPETA ASSAM PIN-781301. 6:THE DIST. SCRUTINY COMMITTEE REP. BY DY. COMMISSIONER BARPETA DIST. BARPETA ASSAM. PIN-781301. 7:THE HEAD MASTER BHERAGAON M.E. MADRASSAM P.O. JAHURPAM P.S. BARPETA SADAR DIST. BARPETA ASSAM PIN-781314. 8:DIPANNITA DAS D/O. KHANINDRA DAS VILL. GAJIA P.O. GAJIA P.S. BARPETA SADAR DIST. BARPETA ASSAM. PIN-781314. 9:MAINUL HAQUE S/O- LT. NAYEB ALI VILL.- BHERAGAON P.O.- JAHURPAM MOUZA- JANIA DIST.- BARPETA PIN- 781314. MOB. NO. 8822167505. -----------Advocate for : MR H R A CHOUDHURY Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 7 ORS.
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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 02.11.2022
Heard Mr. A.M.Ahmed, learned counsel for the petitioner. Also heard Mr. B.Kaushik, learned standing counsel, Elementary Education for respondent Nos. 1, 2, 3 and 4, Mr. G.Bokolial, learned Govt. Advocate for respondent Nos. 5 and 6 and Mr. D.Gogoi, learned counsel for respondent No.8.
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petitioner is before this Court, claiming seniority over the respondent no.8.
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of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the plaintiff is entitled to seniority over the working teacher, Dipannita Das.
How to resolve discrepancies regarding dates of joinings of petitioner and respondent No.8.
Whether the lower authorities should consult relevant records before deciding on the case.
2 provisions across 1 enactments
SHAMSUN NAHAR
THE STATE OF ASSAM
THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM
DIPANNITA DAS
LANUSUNGKUM JAMIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
