Dismissed

Jiba Kanta Gogoi and 10 Ors. v. the State of Assam and 4 Ors.

Gauhati HC14 Jun 2023WP(C)/3903/2017

Case brief

AI extract

What is this about?

Writ petition filed for release of current and arrear salaries stopped since 2012. Petitioners had accepted fresh appointments with conditions excluding claims for previous service. Court held petition not maintainable unless challenged conditions.

What did the court decide?

Writ petition dismissed on withdrawal with liberty to challenge conditions in fresh appointment letter.

Jiba Kanta Gogoi and 10 Ors. Vs the State of Assam… — Service and Employment | Gauhati HC (2023)

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Page No.# 1/4

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GAHC010028812017

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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)/3903/2017

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JIBA KANTA GOGOI and 10 ORS. S/O. LT. TUKHESWAR GOGOI, VILL. DEMOW KONWAR DIHIGIA, P.O. DEMOW, DIST. SIVASAGAR, ASSAM.

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2: NARANATH GOGOI S/O. LT. NOREN CHANDRA GOGOI VILL. CHAKALAPATHAR P.O. UDAIPUR DIST. SIVASAGAR ASSAM.

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3: SMT. REKHAMONI MECH

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W/O. SRI BHOIRAB MECH

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VILL. DUPANI P.O. NITAIPUKHURI DIST. SIVASAGAR ASSAM.

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4: BIPLOB GOGOI

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S/O. LT. DHANIRAM GOGOI VILL. THOWRA MAJGAON DIST. SIVASAGAR ASSAM.

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5: JOYRAM DEORI

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S/O. LT. SANATAN DEORI VILL. KATIORI P.O. BAM RAJABARI DIST. SIVASAGAR ASSAM.

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Page No.# 2/4

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6: BOIKUNTHA DEORI

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S/O. LT. SUNCHAN DEORI VILL. KAKILAMARI P.O. TENGAPANI DIST. SIVASAGAR ASSAM.

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7: GHANASHYAM HANDIQUE

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S/O. SRI GOPAL CHANDRA HANDIQUE VILL. and P.O. DEHAJAN P.S. DEMOW DIST. SIVASAGAR ASSAM.

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8: MANOJ CHETIA

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S/O. SRI CHENIRAM CHETIA VILL. ATHABARI CHETIA P.O. KHORAHAT DIST. SIVASAGAR ASSAM.

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9: ANANDA KONWAR

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S/O. LT. NABIN KONWAR VILL. BOKATA 2 NO. KONWAR GAON P.O. KHAMUN P.S. NEMUGURI DIST. SIVASAGAR ASSAM.

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10: AJIT GOGOI

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S/O. BAPURAM GOGOI VILL. BOKATA KHAMUN GAON P.O. KHAMUN P.S. NEMUGURI DIST. SIVASAGAR ASSAM.

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11: PRODIP MECH

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S/O. SRI NRIPEN MECH VILL. DUPANI P.O. NITAIPUKHURI DIST. SIVASAGAR

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Page No.# 3/4

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ASSAM

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VERSUS THE STATE OF ASSAM and 4 ORS. REP. BY THE COMM. and SECY., DEPTT. OF ELEMENTARY EDUCATION, GOVT. OF ASSAM, DISPUR, GHY.-781006.

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2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-19. 3:THE DIST. ELEMENTARY EDUCATION OFFICER SIVASAGAR ASSAM PIN-785640. 4:THE DY. INSPECTOR OF SCHOOLS SIVASAGAR ASSAM PIN-785640. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER

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DEMOW BLOCK DIST. SIVASAGAR ASSAM PIN-785640

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Advocate for the Petitioner : MR.B J TALUKDAR

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Advocate for the Respondent :

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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14-06-2023

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Heard Shri D. K. Roy, learned counsel for the petitioners. Also heard Shri P. K.

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Page No.# 4/4

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Borah, the learned Standing Counsel, Elementary Education Department.

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The instant writ petition has been filed for a direction for release of their current as well as arrear salaries from March, 2012. The case of the petitioners is that after their appointment pursuant to an advertisement made in 1997, the salaries were stopped since March, 2012 and therefore some of the similarly situated persons had approached this Court by filing WP(C) No. 1764/2014 wherein a direction was given by this Court on 12.05.2014 directing a verification by a Screening Committee. The petitioners contend that their cases were found to be genuine by the Screening Committee in spite of which salaries have not been paid.

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Shri Borah, the learned Standing Counsel of the Department however submits that the petitioners have been given fresh appointment with a condition that they will not make claims with regard to any previous service. The said fact has not been denied by Shri Roy, the learned counsel for the petitioners.

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Under those condition, this Court is of the opinion that unless any condition imposed in the fresh appointment letter which was accepted by the petitioners is put to challenge, present writ petition may not be maintainable.

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Shri Roy, the learned counsel for the petitioner submits that he may be allowed to withdraw this writ petition with a liberty to challenge any conditions which has been imposed along with fresh letter of appointment.

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Writ petition accordingly stands dismissed on withdrawal with liberty as prayed for.

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JUDGE

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Comparing Assistant

Jiba Kanta Gogoi and 10 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Jiba Kanta Gogoi and 10 Ors. v. the State of Assam and 4 Ors.

Case brief

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What the court decided

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