Disposed

Dharmendra Patowary v. the State of Assam and 2 Ors.

Gauhati HC6 Aug 2022WP(C)/5967/2021

Case brief

AI extract

What is this about?

The petitioner challenged the decision keeping his State Teacher Award in abeyance due to past suspension, which had already been regularized. The Court affirmed the State's decision to consider his case in the next selection committee.

What did the court decide?

The writ petition stands disposed of, leaving the matter to the State Selection Committee for further consideration.

Dharmendra Patowary Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010183162021

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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)/5967/2021

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DHARMENDRA PATOWARY

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S/O LATE DHABAL CHANDRA PATOWARY, RESIDENT OF RURAL BARBILA , BARPETA, ASSAM 781309

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE SECONDARY EDUCATION DEPARTMENT, GUWAHATI 06

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM, KAHILIPARA GUWAHATI 19

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3:THE DIRECTOR OF INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE, BARPET

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Advocate for the Petitioner : S BORGOHAIN Advocate for the Respondent : SC, SEC. EDU.

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BEFORE

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HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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6th August, 2022

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Heard Ms. D. Das, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Elementary Education Department, for respondent Nos. 1, 2 and 3.

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The petitioner was appointed as teacher in Byaskuchi High School, Barpeta, in the year 1992. Thereafter, he was appointed as in-Charge Headmaster of the

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said school. While serving as such, the petitioner received a communication from the Director, Secondary Education Department, Assam, dated 02-09-2021, informing him that he has been selected for “State award to teacher 2021” to be conferred to the illustrious teachers of the State on the occasion of teachers day, 2021. The petitioner was also informed to report on 4^th September, 2021 at 4 pm at Srimanta Sankardev Kalakeshetra, Panjabari, Guwahati. However, he received

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another communication from the Director, Secondary Education, Assam, on 4^th September, 2021, informing him that a decision was taken to keep the matter of conferment of State Award, 2021 in abeyance under unavoidable circumstance. Feeling humiliated, the petitioner is before this Court challenging the letter dated 04-09-2021.

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Mr. U. Sarma, learned standing counsel for the Secondary Education Department, on instruction, submits that the petitioner was selected for the said Teacher’s Award, 2021 along with some teachers by the State Selection Committee as his name was recommended by the District Selection Committee. However, in the meantime, the respondents came to know about the previous record regarding his suspension from service, therefore, the conferment of State Teacher Award to the petitioner was kept in abeyance. He also submits that the case of the petitioner will be re-examined and placed at the next State Selection Committee.

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Ms. Das. Learned counsel for the petitioner has also produced an order dated 20-02-2019, issued by the Director, Secondary Education, Assam, whereby the disciplinary proceeding drawn up against the petitioner has been dismissed and the period of his suspension with effect from 16-12-2016 to 26-05-2017 was regularized for all purpose. She has also produced another order dated 03-062019, issued by the Director, Secondary Education, Assam, promoting the petitioner as regular Headmaster of Byaskuchi High School, which was issued

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pursuant to Government approval dated 06-06-2016, with prospective effect.

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Taking into consideration the two orders dated 20-02-2019 and 03-06-2019, it is seen that the departmental proceeding drawn against the petitioner was dismissed and the suspension order was revoked and the period of suspension was regularized for all purposes. Further, the petitioner is also appointed as regular Headmaster of Byaskuchi High School, Barpeta. When the letter dated 02-09-2021 was written by the Director of Secondary Education Assam, the petitioner’s departmental proceeding was dismissed and he was also promoted as regular Headmaster of the school. However, it appears that the respondents failed to notice the two orders dated 20-02-2019 and 03-06-2019 thereby keeping the conferment of State Teacher Award to the petitioner in abeyance. The petitioner, in that way appears to have been humiliated when the said conferment of State Teacher’s Award was kept in abeyance.

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Be that as it may, as the State respondent has already stated that the case of the petitioner will be considered in the next State Selection Committee for consideration of his case, the matter is left to the State Selection Committee to consider the case of the petitioner, taking into consideration that the conferment of the Teacher’s Award to the petitioner for the year 2021 was kept in abeyance for no fault of his own.

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This Court hopes and trusts that the next State Selection Committee would do justice to the petitioner.

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

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Comparing Assistant

Dharmendra Patowary v. the State of Assam and 2 Ors.

Case brief

What is this about?

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Dharmendra Patowary v. the State of Assam and 2 Ors.

Case brief

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