Disposed

Prabin Mahato v. the State of Assam and 8 Ors.

Gauhati HC15 Jun 2023WP(C)/2656/2022

Case brief

AI extract

What is this about?

This writ petition regarding the petitioner's appointment time dispute was disposed of. The Court directed the petitioner to file a representation to the Director, Higher Education, Assam, seeking adjustment to the vacancy caused by a deceased colleague, enclosing the petition and relevant affidavits.

What did the court decide?

Petitioner directed to file representation to Respondent No. 2 seeking adjustment to vacancy, annexing petition and affidavits within two weeks.

Prabin Mahato Vs the State of Assam and 8 Ors. — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010071922022

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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)/2656/2022

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PRABIN MAHATO S/O MAHIM MAHATO, R/O VILL-BENGENABARI JANGHAL, DISTUDLAGURI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 8 ORS

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REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF (HIGHER EDUCATION), DISPUR, GUWAHATI-6

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2:THE DIRECTOR HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19

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3:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BTR KOKRAJHAR ASSAM 4:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR 5:THE PRESIDENT GOVERNING BODY KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG DIST-UDLAGURI BTC ASSAM PIN-784114

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6:THE SECRETARY KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG DIST-UDALGURI BTC, ASSAM, PIN-784114 7:THE PRINCIPAL KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG DIST-UDALGURI BTC, ASSAM, PIN-784114 8:PRAFULLA RABHA S/O SRI BHADRESWAR RABHA C/O PRINCIPAL KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG DIST-UDALGURI BTC, ASSAM, PIN-784114 9:JITEN KACHARI S/O LATE GOLAP KACHARI C/O PRINCIPAL KALAGURU BISHNU RABHA DEGREE COLLEGE ORNAG DIST-UDLAGURI BTC, ASSAM, PIN-78411

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Advocate for the Petitioner : MR N N UPADHYAYA Advocate for the Respondent : SC, HIGHER EDU

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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JUDGMENT

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15-06-2023

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Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. A.R. Tahbildar, learned standing counsel, Higher Education Department, representing the respondent Nos. 1 and 2, Ms. R.B. Bora, learned standing counsel, BTC, representing the respondent Nos. 3 and 4 and Mr. P.K. Das, learned counsel for respondent Nos. 8 and 9.

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Pursuant to an advertisement dated 26-06-2008, issued by the Secretary, Governing Body, Kalaguru Bishnu Rabha Degree College, calling for applications for filling up the post of Accountant, Library Assistant, Office Assistant and three posts of Grade-IV, the petitioner applied for the post of Grade-IV. The Selection Committee recommended the case of the petitioner along with 5 others for appointment to the post of Grade-IV in Kalaguru Bishnu Rabha Degree College. Thereafter, the petitioner alongwith the respondent Nos. 8 and 9 were selected and given appointment. The petitioner joined the post on 02-03-2010 at 10.25 am, the respondent No. 8 joined the post on the same date, i.e., 02-03-2010 at 10.45 am and the respondent No. 9 joined the post on 02-03-2010 at 10.00 am.

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The Director of Education, Bodoland Territorial Council, by order dated 17^th December, 2019 sanctioned financial grant-in-aid for payment of salary/remuneration to the attached and non-attached staff of four colleges amongst which the name of the college in which the petitioner was serving is shown at Sl. No. 4. The District Level Scrutiny Committee recommended the case of the petitioner and the respondent No. 9 for provincialisation of the services on the basis of initial joining time. The dispute in the present writ petition is with regard to the time of joining to the post of Grade-IV between the respondent No. 9 and the petitioner.

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However, at this stage, the learned counsel for the petitioner submits that he is not pressing this writ petition against the respondent Nos. 8 and 9 inasmuch as there is already a vacancy of Grade-IV in Kalaguru Bishnu Rabha Degree College due to the demise of one Bishnu Mahato.

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Drawing the attention of this Court to the additional affidavit filed by the

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petitioner in the present writ petition, particularly, to Annexure-VIII, which is the Death Certificate of said Bishnu Mahato, he submits that the case of the petitioner may be adjusted against the said vacancy.

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Such adjustment/appointment to a vacancy, in my considered opinion should be first considered by the respondent No. 2/Director, Higher Education, Assam.

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Accordingly, the writ petition is disposed of directing the petitioner to file a representation before the respondent No. 2 by annexing a copy of the writ petition as well as the additional affidavit along with the annexures appended thereto within a period of two weeks from today.

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Thereafter, on receipt of the representation, the respondent No. 2 shall consider and dispose of the same after verifying all relevant documents in accordance with law within a period of two months from the date of receipt of the representation from the petitioner.

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

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Comparing Assistant

Prabin Mahato v. the State of Assam and 8 Ors.

Case brief

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Prabin Mahato v. the State of Assam and 8 Ors.

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