Remanded

Noor Zaman Kazi v. the State of Assam and 4 Ors.

Gauhati HC12 Dec 2023WP(C)/7156/2023

Case brief

AI extract

What is this about?

Petitioner, an Assistant Teacher with locomotor disability, challenged his transfer to a distant school. Court directed Competent Authority to dispose of his pending representation within 30 days via speaking order and restrained implementation of the impugned transfer order till then.

What did the court decide?

Direction to Competent Authority to dispose representation by speaking order within 30 days; restraint on action of impugned order.

Noor Zaman Kazi Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010277642023

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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)/7156/2023

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NOOR ZAMAN KAZI

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S/O- LATE JAHAR UDDIN KAZI, VILLAGE- SILAIRPAR, P.O. SILAIRPAR, P.S. GAURIPUR, DIST.- DHUBRI, ASSAM, PIN CODE- 783331

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REPRESENTED BY COMMISSIONER AND SECRETARY GOVT. OF ASSAM, DEPARTMENT OF EDUCATION, DISPUR, GUWAHATI-6, KAMRUP (M), ASSAM

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2:THE DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI ASSAM-19

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3:THE DISTRICT COMMISSIONER DHUBRI ASSAM

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI

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5:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR DHUBRI ASSA

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Advocate for the Petitioner : MR. T SK

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Advocate for the Respondent : GA, ASSAM

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BEFORE HON’BLE MR. JUSTICE SOUMITRA SAIKIA O R D E R

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12.12.2023

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Heard Mr. I. Alam, learned counsel for the petitioner and Mr. N. J. Khataniar, learned Standing Counsel appearing on behalf of the Elementary education Department. Also heard Mr. J. K. Goswami, learned Additional Senior Government Advocate, Assam.

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The writ petitioner was appointed as an Assistant Teacher in Shyamcharenerkuti MV School vide an order dated 20.08.2007. The petitioner joined his services on 22.08.2007 and continued his services in the said school. The petitioner has been suffering from locomotor disability and in support of his contentions, he has produced an Identity Card issued by the Competent Authority which shows that he has 50% locomotor disability. While the petitioner was rendering his services, vide an order dated 01.12.2023, he was transferred attaching him to Charaldanga MV School.

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The learned counsel for the petitioner submits that because of his condition of physical disability, he is now required to travel 7 km away from his original place of posting, and therefore, the petitioner is facing immense difficulties in rendering his services as an Assistant Teacher.

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The petitioner has referred to the representation filed before the Competent Authority to reconsider his attachment order vide representation dated 04.12.2023. However, the said representation has

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not yet been disposed of by the Competent Authority, and as such, the petitioner is before this Court.

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Considering the fact that the representation is stated to be pending before the District Elementary Education Officer, Dhubri, without expressing anything on merit, this Court issues a direction to the Competent Authority to consider the representation of the petitioner and dispose of the same by passing the speaking order.

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The representation of the petitioner be disposed of within a period of 30 (thirty) days from the date a certified copy of the instant order is furnished by the petitioner to the concerned authority.

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Till the disposal of the representation, the impugned order dated 01.12.2023 shall not be acted upon.

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The instant writ petition stands disposed of in terms of the above.

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JUDGE

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Comparing Assistant

Noor Zaman Kazi v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Noor Zaman Kazi v. the State of Assam and 4 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

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