Remanded

Nurul HUDA Laskar v. the State of Assam and 5 Ors.

Gauhati HC7 Dec 2023WP(C)/815/2023

Case brief

AI extract

What is this about?

Petitioner, a stipendiary teacher, was denied regularization in favor of another person named Nurul Huda Laskar due to a sharing-of-name identity issue. The High Court directed the Director to verify the actual beneficiary within three months, pending which no salary shall be paid to either party.

What did the court decide?

Director directed to identify actual beneficiary within 3 months; salary suspended for both parties pending identification; due hearing mandated.

Nurul HUDA Laskar Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010028092023

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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)/815/2023

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NURUL HUDA LASKAR S/O- ANCHAR ALI LASKAR, VILL- DALIDHAR, P.O- JANKIR BAZAR, P.S- PANCHGRAM, DIST- HAILAKANDI, PIN-788801

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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TO BE REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION ASSAM, DISPUR, GHY-06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST- HAILAKANDI ASSAM

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4:THE BLOCK ELEMENTARY EDUCATION OFFICER HAILAKANDI BLOCK DIST- HAILAKANDI ASSAM

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5:THE HEAD MASTER

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429 NO. BANDUKMARA L.P SCHOOL

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DIST- HAILAKANDI

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6:NURUL HUDA LASKAR S/O- MAKTAR UDDIN LASKAR

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VILL- BANDUKMARA P.O- RATANPUR

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DIST- HAILAKANDI PIN-78815

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Advocate for the Petitioner : MR M J QUADIR

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 07.12.2023

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Heard Mr. M. J. Quadir, learned counsel for the petitioner. Also heard Mr. B. Talukdar, learned standing counsel, Elementary Education Department, Government of Assam, appearing on behalf of the State Respondents. However, none appears on behalf of respondent No. 6 despite service of notice.

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The petitioner was appointed as a stipendiary teacher at 429 No. Bandukmara L.P. School on 01.04.1995 in terms of the order of appointment dated 31.03.1995. The petitioner claims that though he had completed the Junior Basic Training Course in 2004 but he was not given the regular time pay scale and had continued as a stipendiary teacher. The petitioner in the meantime, continued to perform his duty in the said school with the legitimate expectation that his service will be regularized in due course of time. Eventually,

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in the month of September, 2022, after downloading his appointment letter, dated 23.09.2022, from the official website of the Elementary Education Department, Government of Assam, when he tried to submit his joining letter to the Head Teacher of 429 No. Bandukmara L.P. School on 26.09.2022, the same was not accepted by the authority on account of the fact that one Nurul Huda Laskar, respondent No. 6, herein, has already joined on 24.09.2022, in terms of the said order, dated 23.09.2022.

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The petitioner claims that the respondent No. 6 was a stipendiary teacher of Banglabil L.P. School as per his appointment order dated 10.07.1994. The matter was stated to have been brought to the notice of the Head Teacher of the said school, Deputy Inspector of Schools and District Elementary Education Officer, Haliakandi, but nothing had materialized so far. The petitioner further claims that he was accommodated as a Tutor of the said school(Annexure 7 to the writ petition) in recognition of his long years of service as a stipendiary teacher in the same school.

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The action of the respondent authorities in allowing the respondent No. 6 to work as Tutor of 429 No. Bandukmara L.P. School, is assailed in the present proceeding.

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Mr. Quadir, learned counsel appearing on behalf of the petitioner, makes a submission in the line of the facts above-stated and prays that he being the actual beneficiary of the order, dated 23.09.2022; he be allowed to join in the School, in question.

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I have heard the learned counsels appearing for the parties.

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It is a case wherein, two persons having same names rely on an order of

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accommodation, dated 23.09.2022, and while the respondent No. 6 had joined in pursuance thereof, the same is disputed by the petitioner who claims to be the actual “Nurul Huda Laskar” entitled to the benefits flowing from the order, dated 23.09.2022.

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Faced with the said situation and in the absence of any clarificatory affidavit from the State Respondents, this Court is left with no alternative but to require the Director, Elementary Education Department, Government of Assam, to examine the issue on the basis of the available records and thereafter, identify the actual beneficiary of the accommodation order, dated 23.09.2022(Annexure-5 to the writ petition).

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On such identification being made; the actual beneficiary be given all requisite service benefits with effect from the date of issuance of the said order, dated 23.09.2022. Till the aforesaid exercise is completed and orders passed thereon, neither the petitioner nor the respondent No. 6 would be eligible to any salaries.

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The Director, Elementary Education Department, Government of Assam, shall complete the entire exercise and pass appropriate speaking order thereon within a period of 3 months from the date of receipt of a certified copy of this order.

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The parties are at liberty to furnish a certified copy of this order to the District Elementary Education Officer, Government of Assam, Hailakandi.

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Needless to say that before passing any order in the matter; both the petitioner and the respondent No. 6 along with the concerned officials involved in the matter including the District Elementary Education Officer, Government of Assam, Hailakandi, shall be given a due hearing.

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JUDGE

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Comparing Assistant

Nurul HUDA Laskar v. the State of Assam and 5 Ors.

Case brief

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Nurul HUDA Laskar v. the State of Assam and 5 Ors.

Case brief

What is this about?

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What the court decided

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