Disposed

Md. Jakariabur Rahman and 10 Ors. v. the State of Assam and 4 Ors.

Gauhati HC2 Mar 2023WP(C)/1147/2023

Case brief

AI extract

What is this about?

This court granted proportionate relief to assistant teachers whose provincialisation was found unconstitutional. Directing the government to dispose of their pending representation on salary equivalence within two months.

What did the court decide?

Directed the Secretary to Government of Assam, Department of School Education to consider the petitioners' pending representation on salary equivalence within two months and communicate the outcome.

Md. Jakariabur Rahman and 10 Ors. Vs the… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010032142023

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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)/1147/2023

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MD. JAKARIABUR RAHMAN AND 10 ORS A/T, SOLOGURI RASUTI PAR L.P. SCHOOL, S/O- NURUL AMIN, R/O- DAKIABASTI, P.O.- DHUPAGURI, P.S.- DHING, DIST.- NAGAON, ASSAM.

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2: MD. ASRAFUL ISLAM BHUYAN A/T, BHUYANBARI SUBURA SMRITI ADARSHA MUKTAB SCHOOL S/O- MD. FAZLUL ISLAM BHUYAN R/O- VILLAGE- SOLOGURI P.O.- SOLOGURI P.S.- DHING DIST.- NAGAON ASSAM.

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3: MD. ENAMUL HOQUE FORAZEE A/T, 2 NO. KAMAL SUTIPAR MUKTAB SCHOOL S.O.- SHIRAJUL ISLAM FORAZZEE R.O.- VILLAGE- KAMAL SHUTI CHAR P.O.- KANDHULIMARI P.S.- DHING DIST.- NAGAON ASSAM.

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4: MD. ANUWARUL HOQUE CHOWDHURY A/T UTTAR DHUNIABHETI RAHMAT ALI MUKTAB R/O- VILLAGE- DHUNIABHETI P.O.- DHUNIABHETI P.S.- BATADRAVA DIST.- NAGAON ASSAM.

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5: AZMATUN NEHAR A/T UTTAR DHUNIABHETI RAHMOT ALI MKB. VILL. DHUNIABHETI P.O.- DHUNIABHETI DIST.- NAGAON ASSAM. 6: MD. HASEN SHA HAZARIKA A/T SONSERI NUR BALIKA L.P. SCHOOL S/O- ISMAIL HUSSAIN VILLAGE- SONSERI P.O.- KANDHULIMARI P.S.- DHING DIST.- NAGAON ASSAM. 7: ABDUL SAMAD A/T UTTAR MOIRADHAI ABDUL RAHIM GIRLS L.P. SCHOOL VILL.- ROWMARI P.O.- ROWMARI BILL DIST.- NAGAON ASSAM. 8: MD. FAKAR UDDIN AHMED A/T BECHAMARI ADARSHA L.P. SCHOOL S/O- ABDUL JABBAR R/O- VILLAGE BECHAMARI P.S.- DHING DIST.- NAGAON ASSAM. 9: MD. IMRAN CHOUDHURY A/T PACHIM KUBAIKATA LAKIA L.P. SCHOOL S/O- MD. ABDUL MATIN R/O- VILLAGE- KUBAIKATA P.O.- DHANIABHETI DIST.- NAGAON ASSAM. 10: MUZZAMIL HOQUE A/T RAJABRI LATARIPAR ELAHIBOX L.P. SCHOOL

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S/O- MD. UMAR ALI R/O- VILLAGE- RAJABARI P.O.- SOLOGURI P.S.- DHING DIST.- NAGAON ASSAM. 11: DILUWARA BEGUM A/T PACHIM ROWMARI ADARSHA N.B. L.P. SCHOOL W/O- RAJAB ALI R/O- VILLAGE ROWMARI P.O.- ROWMARI P.S.- DHING DIST.- NAGAON ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON NAGAON. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER BATADRAVA BLOCK NAGAON. 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-5

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Advocate for the Petitioner : MR. A R BHUYAN

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Advocate for the Respondent : SC, ELEM. EDU

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B E F O R E

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

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02-03-2023

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Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Mr. P.K. Borah, learned Standing Counsel, Elementary Education Department for Respondent No.1 to 4; and Mr. P. Nayak, learned Standing Counsel, Finance Department for Respondent No.5.

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The petitioners were appointed as Assistant Teachers in different schools under Batadrava Block in the District of Nagaon and rendering their services as third and fourth teacher in their respective schools. All the schools in which the petitioners are presently employed and working, were provincialised in the year 2011. In the meantime, the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 was struck-down by a Division Bench of this Court in the case of Chandan Kumar Neog and others Vs. State of Assam and others, reported in 2016( 5) GLT 296 , as unconstitutional. The petitioner thereafter, filed a writ petition being W.P.(C) No.1689 of 2017 praying for salary at par with the provincialized teachers. However, by the order dated 19.04.2017, the said writ petition was dismissed. The petitioners, thereafter, filed an appeal against the order dated 19.04.2017, which was registered as Writ Appeal No.293 of 2017, and also filed a writ petition being W.P.(C) No.6703 of 2017 challenging the vires of Section 8(2) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017.

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Both the Writ Appeal No.293 of 2017 and W.P.(C) No.6703 of 2017 were heard together by a Division Bench of this Court and was disposed of by order

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dated 05.03.2019 giving liberty to the petitioner to file representation before the appropriate authority enclosing the materials along with such representation to indicate that the appellants have been discharging their duties. W.P.(C) No.6703 of 2017 was also disposed of as being premature.

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In terms of the order dated 05.03.2019 passed in Writ Appeal No.293 of 2017 and W.P.(C) No.6703 of 2017, the petitioners made a representation dated 8.4.2019 before the Commissioner and Secretary to the Government of Assam, Education (Elementary) Department praying for provincialsiation of their services and release of salary, but the said representation has not yet been disposed of by the concerned authorities till date.

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Accordingly, the petitioners are directed to file a fresh representation enclosing a copy of this writ petition along with the annexures appended thereto before the Secretary to the Government of Assam, Department of School Education/Respondent No.1, within a period of ten days from today. Thereafter, the Respondent No.1 shall consider and dispose of the appeal to be filed by the petitioners within two months from the date of receipt of the appeal. If the representation dated 8.4.2019 filed by the petitioners has already been disposed of by the concerned authority, the outcome of such consideration shall be communicated to the petitioners forthwith.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Md. Jakariabur Rahman and 10 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Md. Jakariabur Rahman and 10 Ors. v. the State of Assam and 4 Ors.

Case brief

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What did the court decide?

What the court decided

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