Disposed

Tankeswar Nath and 4 Ors. v. the State of Assam and 2 Ors.

Gauhati HC20 Sept 2023I.A.(Civil)/2789/2023

Case brief

AI extract

What is this about?

The Gauhati High Court accepted an interlocutory application to implead the Chief Secretary to the Government of Assam as respondent No. 3 in a writ petition challenging the Assam Civil Service Conduct Rules, 1965. No substantive decision on the main challenge was rendered.

What did the court decide?

Application for impleadment accepted; Chief Secretary impleaded as respondent No. 3.

Tankeswar Nath and 4 Ors. Vs the State of Assam and 2… — Service and Employment | Gauhati HC (2023)

¶1

Page No.# 1/5

¶2

GAHC010207972023

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : I.A.(Civil)/2789/2023

¶5

TANKESWAR NATH AND 4 ORS. S/O- LATE UMESH CHANDRA NATH, B.Sc., B.Ed, MA, SENIOR MOST ASSISTANT TEACHER SARTHEBARI HIGHER SECONDARY SCHOOL SARTHEBARI, R/O- VILL. AND P.O. GAHIYA, DIST.BARPETA, ASSAM, PIN781311.

¶6

2: KAMALA KANTA BORAH ASSISTANT TEACHER, MA PARANGAT R/O- VILL.- NIKAMUL SATRA MAZGAON, P.O. NIKAMUL TEZPUR DIST. SONITPUR ASSAM PIN- 784154. 3: MRIDUPABAN BORAH S/O- LATE KHAGESWAR BORAH, MA, B.Ed ASSISTANT TEACHER CHANDRA NATH SARMAH HIGHER SECONDARY SCHOOL PITHAKHOWA, R/O- VILL.- USHANAGAR TEZPUR, P.O. MAHABHOIRAB DIST. SONITPUR ASSAM PIN- 784001. 4: SMTI. BHARATI MISRA W/O- SUSHIL KUMAR SARMA, B.Sc., MA, B.Ed ASSISTANT TEACHER CHANDRA NATH SARMAH HIGHER SECONDARY SCHOOL PITHAKHOWA, R/O- WARD NO. 5 DHEKIYAJULI, DIST. SONITPUR ASSAM, PIN- 784110.

¶7

Page No.# 2/5

¶8

5: ABHIJIT BORA S/O- LILA KANTA BORA ASSISTANT TEACHER, MA, B.Ed. TEZPUR ACADEMY HIGHER SECONDARY SCHOOL R/O- MAZGAON JYOTINAGAR, NIKAMUL SATRA TEZPUR, DIST. SONITPUR ASSAM PIN- 784001. THE PETITIONERS NO. 2 TO 5 HAVE COMMON ADDRESS OF CORRESPONDENCE C/O- TANKESWAR NATH VILL. AND P.O. GAHIYA DIST. BARPETA ASSAM, PIN- 781311

¶9

VERSUS

¶10

THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK-C, DISPUR, GUWAHATI, ASSAM, PIN- 781006.

¶11

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019. 3:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI ASSA

¶12

Advocate for the Petitioner : MR B D DAS

¶13

Advocate for the Respondent : SC, ELEM. EDU

¶14

Linked Case : WP(C)/2907/2023

¶15

TANKESWAR NATH AND 4 ORS. S/O- LATE UMESH CHANDRA NATH, B.Sc., B.Ed, MA SENIOR MOST ASSISTANT TEACHER SARTHEBARI HIGHER SECONDARY SCHOOL SARTHEBARI R/O- VILL. AND P.O. GAHIYA

¶16

Page No.# 3/5

¶17

DIST.BARPETA ASSAM PIN- 781311. 2: KAMALA KANTA BORAH ASSISTANT TEACHER, MA PARANGAT R/O- VILL.- NIKAMUL SATRA MAZGAON P.O. NIKAMUL TEZPUR DIST. SONITPUR ASSAM PIN- 784154. 3: MRIDUPABAN BORAH S/O- LATE KHAGESWAR BORAH MA B.Ed ASSISTANT TEACHER CHANDRA NATH SARMAH HIGHER SECONDARY SCHOOL PITHAKHOWA R/O- VILL.- USHANAGAR TEZPUR P.O. MAHABHOIRAB DIST. SONITPUR ASSAM PIN- 784001. 4: SMTI. BHARATI MISRA W/O- SUSHIL KUMAR SARMA B.Sc. MA B.Ed ASSISTANT TEACHER CHANDRA NATH SARMAH HIGHER SECONDARY SCHOOL PITHAKHOWA R/O- WARD NO. 5 DHEKIYAJULI DIST. SONITPUR ASSAM PIN- 784110. 5: ABHIJIT BORA S/O- LILA KANTA BORA ASSISTANT TEACHER MA B.Ed.

¶18

Page No.# 4/5

¶19

TEZPUR ACADEMY HIGHER SECONDARY SCHOOL R/O- MAZGAON JYOTINAGAR NIKAMUL SATRA TEZPUR DIST. SONITPUR ASSAM PIN- 784001. THE PETITIONERS NO. 2 TO 5 HAVE COMMON ADDRESS OF CORRESPONDENCE C/O- TANKESWAR NATH VILL. AND P.O. GAHIYA DIST. BARPETA ASSAM PIN- 781311. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT) ASSAM (CIVIL) SECRETARIAT BLOCK-C DISPUR, GUWAHATI ASSAM, PIN- 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM, KAHILIPARA, GUWAHATI ASSAM, PIN- 781019. -----------Advocate for : MR. A K DUTTA Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND ANR

¶20

BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

¶21

ORDER

¶22

Date : 20-09-2023

¶23

Heard the learned counsel representing the applicants.

¶24

The instant Interlocutory Application has been moved for impleading the Chief Secretary to the Government of Assam as a party/respondent No. 3 in the writ petition [WP(C) 2789/2023], which has been preferred for challenging the validity of the Assam Civil

¶25

Page No.# 5/5

¶26

Service (Conduct) Rules, 1965.

¶27

The application for impleadment is accepted and the Chief Secretary to the Government of Assam is permitted to be impleaded as respondent No. 3 in WP(C) 2789/2023.

¶28

The amended Cause-title be furnished within three days.

¶29

Since the learned Government Advocate, Assam, Mr. N. Das has put in appearance on behalf of the newly impleaded respondent No. 3, process need not be issued. The name of Mr. N. Das, learned Government Advocate, Assam, shall henceforth be reflected in the Causelist. Extra copy of the writ petition be provided to the learned counsel representing the respondents.

¶30

Interlocutory Application stands disposed of.

¶31

JUDGE CHIEF JUSTICE

¶32

Comparing Assistant

Tankeswar Nath and 4 Ors. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Tankeswar Nath and 4 Ors. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Arunjyoti Das Vs the State of Assam and 4 Ors.

Abdul Goni Barbrbhuiya and 4 Ors. Vs the State of Assam

Kaushik Das and Anr. Vs the State of Assam and 9 Ors.

Oil and Natural Gas Corporation Ltd. and 4 Ors. Vs Sanjib Borgohain E

Nazim Uddin Barbhuiya and Anr. Vs the State of Assam and 4 Ors.

Saiful Islam Vs the State of Assam and 3 Ors.