Disposed

Dambar Ballav Sarma v. the State of Assam and 6 Ors.

Gauhati HC16 Jun 2023WP(C)/3533/2021

Case brief

AI extract

What is this about?

The High Court addressed petitioner-demands for provincialisation of services as assistant teacher. The court directed the petitioner to file an appeal under Section 14 of the relevant Act with the Secretary within 15 days, noting separate disposal directions for respondents.

What did the court decide?

Directed petitioner to file appeal under Section 14 of the Act before Secretary within 15 days; Secretary to dispose within two months after hearing.

Dambar Ballav Sarma Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010099702021

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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)/3533/2021

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DAMBAR BALLAV SARMA

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S/O. MR. BHABANI SARMA, R/O. JENGKHA BAZAR, P.O. JENGKHA, P.S. KHERONI, PIN-782448.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT. (ELEMENTARY), DISPUR, ASSAM, PIN-781006.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-19.

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3:THE PRINCIPAL SECRETARY

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KARBI ANGLONG AUTONOMOUS COUNCIL DEPTT. OF ELEMENTARY EDUCATION DIPHU-782460 DIST. KARBI ANGLONG.

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4:THE INSPECTOR OF SCHOOLS KARBI ANGLONG DISTRICT CIRCLE DIPHU.

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5:THE HEAD MASTER UJJAN TELEHOR M.E SCOOL VILL. MUGASONG RONGKHANG JENGKHA BAZAR DIST. WEST KARBI ANGLONG.

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6:PREMESWAR KREMSA UJJAN TELEHOR M.E SCOOL VILL. MUGASONG RONGKHANG JENGKHA BAZAR DIST. WEST KARBI ANGLONG.

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7:SAMBHU KR. CHETRY UJJAN TELEHOR M.E SCOOL VILL. MUGASONG RONGKHANG JENGKHA BAZAR DIST. WEST KARBI ANGLONG

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Advocate for the Petitioner : MR B D DAS

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Advocate for the Respondent : SC, EDU

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BEFORE

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

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16.06.2023 O R D E R

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Heard Mrs. R. Deka, learned counsel for the petitioner. Also heard Mr. J. Chutia, learned Standing counsel, KAAC for respondent Nos. 3 and 4; Mr. P. J. Dutta, learned counsel for respondent Nos.6 and 7 and Ms. N. Phukan, learned Standing Counsel, Elementary Education Department, Government of Assam for respondent Nos.1 and 2. 2. The petitioner on being appointed as Assistant Teacher (Hindi) of Ujan Telehor ME School, West Karbi Anglong on 12.05.1994 joined the said post on the same date. Respondent No.6 was appointed as Science Teacher on 13.05.1994 and respondent No.5 was also appointed as Social Science Teacher on 17.01.1999 in the same School. The provincialisation of the services of the teaching and non-teaching staffs of the said School was taken up in terms of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (Act of 2017, in short). The District Level Scrutiny Committee recommended the case of the petitioner as well as respondent Nos.6 and 7 for provincialisation of their services. However, the State Level Scrutiny Committee rejected the case of the petitioner and

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provincialised the services of respondent Nos.6 and 7 by Notification dated 04.02.2021 issued by the Director of Elementary Education, Assam.

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3. It is the case of the petitioner that he is senior to the respondent Nos.6 and 7 and, therefore, his case should have been considered and provincialised by the State Level Scrutiny Committee as recommended by the District Level Scrutiny Committee. 4. Considering the issue involved, the petitioner is directed to file an appeal under Section 14 of the Act of 2017 before the Secretary, School Education Department within a period of 15 days with effect from today. Thereafter, the Secretary, School Education Department, on receipt of the appeal, shall consider and dispose of the same after giving an opportunity of hearing to the petitioner as well as respondent Nos.6 and 7 by a speaking order in accordance with law within a period of two months from the date receipt of the appeal.

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

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JUDGE

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Comparing Assistant

Dambar Ballav Sarma v. the State of Assam and 6 Ors.

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Dambar Ballav Sarma v. the State of Assam and 6 Ors.

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