Dismissed

Babita Das v. the State of Assam and 2 Ors.

Gauhati HC10 Nov 2022WP(C)/5754/2020

Case brief

AI extract

What is this about?

The Court rejected the petitioner's writ petition seeking to set aside an order appointing the Inspector of Schools as In-charge of her Higher Secondary School. The Court held no such post exists under rules, dismissing the claim yet directing the Director of Secondary Education to dispose of the petitioner's pending representation with a reasoned order by 31.12.2022.

What did the court decide?

Writ petition rejected as not sustainable in law; Director of Secondary Education directed to dispose of pending petitioner's representation with reasoned order by 31.12.2022.

Babita Das Vs the State of Assam and 2 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010188902020

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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)/5754/2020

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BABITA DAS W/O MURALI DHAR DEKA

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VILLAGE MIRZA NEW COLONY, PO MIRZA, DIST KAMRUP ASSAM, 781125

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VERSUS

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THE STATE OF ASSAM AND 2 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF EDUCATION (SECONDARY) DISPUR GUWAHATI 6

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2:THE DIRECTOR

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SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19

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3:THE INSPECTOR OF SCHOOLS

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KAMRUP AMINGAON GUWAHATI 3

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Advocate for the Petitioner : MR K BHUYAN

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Advocate for the Respondent : SC, SEC. EDU.

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Page No.# 2/3

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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10/11/2022

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Heard Mr. K Bhuyan, learned counsel for the petitioner and Mr. U Sarma, learned Standing counsel, Secondary Education Department for the respondent Nos. 1, 2 & 3.

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Petitioner is serving as an Assistant Teacher in Amranga Borihat Higher Secondary School, Amranga, a provincialised Higher Secondary School in the District of Kamrup and is receiving graduate scale of pay since the date of her joining in the said school on 27.01.1994. She passed her Master Degree in Assamese from the Institute of Distance and Open Learning (IDOL), Gauhati University in November, 2011 and also obtained B.Ed. degree in April, 2014 from the Teachers’ Training College, Mirza under Gauhati University.

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Though, the petitioner is eligible for the post of Principal of a provincialised Higher Secondary School as she has served more than 26 years, the Director of Secondary Education, Assam by the impugned order No. GB-EST./Apptt/FP/29/ 2020/159 dated 07.12.2020 allowed the Inspector of Schools, Kamrup District Circle, Dadara, Kamrup to be the In-charge of said Amranga Borihat Higher Secondary School along with financial power to draw under FR 49(C) so as to draw and disburse salary etc. of the staff of the said school as the earlier Principal In-charge of said school, Dr. Mira Rani Kalita retired from service on attaining the age of superannuation on 30.11.2020.

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Being aggrieved with the same, the petitioner filed a representation before the Director of Secondary Education, Assam on 01.12.2020 which according to the petitioner is still pending for disposal.

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By this writ petition, the petitioner has prayed for setting aside the said order dated 07.12.2020 passed by the Director of Secondary Education, Assam, whereby the Inspector of Schools, Kamrup District Circle, Kamrup has been allowed to hold the charge of In-charge Principal of said Amranga Borihat Higher Secondary School.

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In spite of issuance of notice on 04.01.2021 and specific order of the Court dated 19.09.2022, the respondents in the Secondary Education Department did not file any affidavit in the matter.

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Page No.# 3/3

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There is no such post of In-charge Principal in provincialised Higher Secondary Schools of Assam under the Rules applicable for provincialised Secondary Schools of the State. In absence of a regular Principal of a provincialised Higher Secondary School, the Director of Secondary Education, Assam use to appoint a competent education officer or a suitable teacher having the eligibility to be a Principal of said provincialised Higher Secondary School as its Principal In-charge for administration of the concerned Higher Secondary School.

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As such, the petitioner cannot claim any right for her appointment to be the In-charge Principal of said Amranga Borihat Higher Secondary School.

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Accordingly, the prayer of the petitioner made in this writ petition being not sustainable in law stands rejected. However, considering the fact that the representation of the petitioner dated 01.12.2020 is still pending for consideration, the Director of Secondary Education, Assam may dispose of the same with a reasoned order in accordance with law.

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Petitioner shall submit a certified copy of this order before the Director of Secondary Education, Assam along with the copy of her representation dated 01.12.2020, obtaining necessary acknowledgment in that regard.

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In the event of submitting a certified copy of this order before the Director of Secondary Education, Assam, the said authority shall dispose of the said representation of the petitioner with a reasoned order on or before 31.12.2022, which is pending for consideration.

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JUDGE

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Comparing Assistant

Babita Das v. the State of Assam and 2 Ors.

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Babita Das v. the State of Assam and 2 Ors.

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