This order dismisses a writ petition filed by a school headmaster seeking regularization benefits derived from a prior judgment, noting the dismissal on the petitioner's withdrawal.
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GAHC010189862022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6119/2022
SIDHIRAM BORDOLOI
S/O. LT. KEMERA BORDOLOI, R/O. VILL. NAMTARADUBI, P.O. TARADUBI, P.S. BAITHALANGSO, DIST. KARBI ANGLONG, PIN-782485.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
3:THE KABBI ANGLONG AUTONOMOUS COUNCIL REP. BY THE CHIEF EXECUTIVE MEMBER KABBI ANGLONG AUTONOMOUS COUNCIL SECRETARIAT DIPHU DIST. KARBI ANGLONG ASSAM.
4:THE EXECUTIVE MEMBER INCHARGE OF EDUCATION DEPTT. KABBI ANGLONG AUTONOMOUS COUNCIL DIPHU DIST. KARBI ANGLONG ASSAM. 5:THE JOINT SECRETARY DEPTT. OF EDUCATION KABBI ANGLONG AUTONOMOUS COUNCIL DIPHU DIST. KARBI ANGLONG
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ASSAM.
6:THE INSPECTOR OF SCHOOLS KARBI ANGLONG DISTRICT CIRCLE DIPHU DIST. KARBI ANGLONG ASSAM.
7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-781006
Advocate for the Petitioner : MRS. P BARMAN (BORKAKOTI)
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
16/11/2022
Heard Mrs. P Barman, learned counsel for the petitioner. Also heard Mr. S M T Chistie, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 & 2, Mr. J Chutia, learned Standing counsel, KAAC for the respondent Nos. 3 to 6 and Mr. A Chaliha, learned Standing counsel, Finance Department for the respondent No. 7.
2. Petitioner was the Headmaster of Taradubi M.E. School, a provincialised M.E. School in the District of Karbi Anglong.
3. By an order dated 09.08.2011 issued by the Inspector of Schools, Karbi Anglong District Circle, Karbi Anglong, said Taradubi M.E. School was amalgamated with M.B. High School, another provincialised High School in the District of Karbi Anglong, wherein there was a specific provision that the Graduate Headmaster of the M.E. School will be the Assistant Headmaster in-charge of the amalgamated High School.
4. The State Government in the Elementary Education Department on 07.07.2014 issued an
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Office Memorandum regarding amalgamation of schools for equity in Education pursuant to which numbers of such lower primary schools, amalgamated M.E. Schools, Upper Primary Schools were amalgamated with High Schools.
5. Some of the Headmasters serving in such M.E. Schools, whose schools have been amalgamated with other schools pursuant to the said O.M. dated 07.07.2014 approached this Court by preferring a writ petition being WP(C) No. 3771/2015 which was disposed of on 16.09.2019, wherein the Court directed the respondents in the Secondary Education Department of the State as well as the authorities in the Karbi Anlgong Autonomous Council observing that the petitioners, who were serving as Assistant Headmasters in the amalgamated High School be deemed to be regularized to the said post with effect from the date of amalgamation for all purpose and accordingly, directed the respondent authorities to release the necessary pay scale attached to the post of Assistant Headmasters of High Schools and grant the service benefits to those petitioners attached to the posts of the Assistant Headmasters from the date of amalgamation to the High Schools within a period of 3 (three) months from the date of receipt of a certified copy of the said order.
6. It is seen that the petitioners of WP(C) No. 3771/2015 immediately approached this Court after amalgamation of their respective schools in terms of the O.M. dated 07.07.2014, noted above. But in the case in hand, the Inspector of Schools, Karbi Anglong Autonomous Council amalgamated petitioner’s school way back on 09.08.2011, whereas the petitioner has filed this writ petition on 16.09.2022, much after 11 years and now seeking the benefit of the order dated 16.09.2019 passed in WP(C) No. 3771/2015 at a belated stage as a fence-sitter.
7. At this stage, on instructions of the petitioner, Mrs. P Barman, learned counsel prays for withdrawal of this writ petition.
8. Accordingly, this writ petition stands dismissed on withdrawal.
JUDGE
Comparing Assistant
Colour shows how this judgement treated each authority
WP(C) No. 3771/2015Referred¶5
Sidhiram Bordoloi
State of Assam
Director of Secondary Education Assam
Karbi Anglong Autonomous Council
Inspector of Schools Karbi Anglong
Commissioner and Secretary to the Government of Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
