Disposed

Sankarjit Das and 16 Ors. v. the State of Assam and 4 Ors.

Gauhati HC7 Nov 2024WP(C)/2024/2024

Case brief

AI extract

What is this about?

This writ petition challenged non-payment of arrear salary for Tutors post-2022 appointment. The court did not decide the substantive claim but directed the petitioners to make individual representations to theDirector of Elementary Education for consideration and disposal withing specified timelines.

What did the court decide?

Petitioners directed to make individual representations to the Director of Elementary Education for consideration of their grievance regarding arrear salary.

Sankarjit Das and 16 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2024)

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GAHC010071462024

2024:GAU-AS:10901

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2024/2024

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SANKARJIT DAS AND 16 ORS S/O- PARESH CHANDRA DAS, A.T AT RAJYESWARPUR ME SCHOOL, VILLAGE BHEWL, P.O- SINGALLA, AYNAKHAL BAJAR, DIST- HAILAKANDI, ASSAM, PIN-788164

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2: BIJON ROY S/O- KUNJALAL ROY A.T AT RATAKANDI M.E SCHOOL VILLAGE- PADMARPAR KALIBARI BAZAR DIST- HAILAKANDI ASSAM PIN-788150

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3: JALAL UDDIN BARBHUIYA S/O- LATE NIMAR ALI BARBHUIYA A.T AT 274 NO.BARTHAL LP SCHOOL VILLAGE- VICHINGA-I P.O- VICHINGA-II P.S AND DIST- HAILAKANDI ASSAM PIN-788155

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4: BAPPA PURKAYASTHA S/O- SUDHANYA PURKAYASTHA A.T AT 882 HORIJON L.P SCHOOL R/O- TOWN WARD NO-1 LALA HAILAKANDI P.O- LALA DIST- HAILAKANDI

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ASSAM PIN-788163

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5: AYNUL HAQUE CHOUDHURY S/O- ABDUL JALIL CHOUDHURY A.T AT GANGPARDHUMKAR LP SCHOOL R/O- HAILAKANDI TOWN WARD NO-11 RATANPUR PART-I DIST- HAILAKANDI ASSAM PIN-788155 6: ABDUL LATIF BARBHUIYA S/O- LATEABDUL BARI BARBHUIYA A.T AT 926 SRI PANCHAMI LP SCHOOL VILLAGE- RANGAUTI PART II P.O- RANGAUTI SILCHAR ROAD P.S- HAILAKANDI DIST- HAILAKANDI ASSAM PIN-788155 7: JASAMOY DEV CHOUDHURY S/O- JYOTISH RANJAN DEV CHOUDHURY A.T AT HARICHARAN BHAKTI TRIBAL M.E SCHOOL LP SCHOOL VILLAGE- GAGLACHERA GRANT CHA BAGAN P.O- LALA DIST- HAILAKANDI ASSAM PIN-788163 8: SAMIRUN NESSA BARBHUIYA W/O- ABDUL JABBAR BARBHUIYA A.T AT 77 NO. CHANDRAPUR L.P SCHOOL VILLAGE-CHANDRAPUR -I P.S- LALA P.O- LALA DIST- HAILAKANDI ASSAM PIN-788163

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9: KABIR HUSSAIN CHOUDHURY S/O- ABDUL WAHAB CHOUDHURY

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A.T AT 266 BAHADURPUR GIRLS L.P SCHOOL VILLAGE-UJANKHUPA -II P.S AND DIST- HAILAKANDI ASSAM PIN-788152 10: NUTAN PURKAYASTHA S/O- MRIDUL SAHA R/O- KUNJALATA BIBAHA AT AT 163 BANKAPAR L.P SCHOOL VILLAGE-NEW BHAKTAPUR P.O- RANGIRKHAN DIST- CACHAR ASSAM PIN-788005

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11: JAKIR HUSSAIN CHOUDHURY S/O- MUSABBIR ALI CHOUDHURY A.T AT 814 NO.NALARPAR LP SCHOOL VILLAGE- UTTAR JASNABAD PART II P.O- LALAMUKH DIST- HAILAKANDI ASSAM PIN-788163

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12: SHAJAN AHMED BARBHUIYA S/O- JALAL UDDIN BARBHUIYA A.T AT 600 BORBOND LP SCHOOL VILLAGE- VICHINGA-I P.O- VICHINGA DIST- HAILAKANDI ASSAM PIN-788151

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13: ALOM UDDIN BARBHUIYA S/O- JALALUDDIN BARBHUIYA A.T AT 782 NO.BALIURA LP SCHOOL VILLAGE- VICHINGA-I P.O- VICHINGADIST- HAILAKANDI ASSAM PIN-788151

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14: RAFTABUDDIN MAZUMDAR S/O- JALALUDDIN MAZUMDER A.T AT 362 NO.SUDARSHANPUR LP SCHOOL

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VILLAGE- SUDARSHANPUR-I P.O- SOMAIRKUNA DIST- HAILAKANDI ASSAM PIN-788155

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15: FOIZ AHMED MAZUMDER S/O- MUSHAID ALI MAZUMDER A.T AT CHURAMONI MV SCHOOL VILLAGE- BOWARGHAT PART II P.O-BOWARGHAT DIST- HAILAKANDI ASSAM PIN-788151

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16: SAJJADUR RAHMAN CHOUDHURY S/O- LATE SIRAJUDDIN CHOUDHURY A.T AT SUSHIL PAUL MV SCHOOL VILLAGE AND P.O- RANGAUTI PART II DIST- HAILAKANDI ASSAM

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17: ABHIJIT DEY S/O- LATE UDAY RANJAN DEY A.T TILAGAON MV SCHOOL

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VILLAGE- KALINAGAR -III P.O- KALINAGAR POLASPUR HAILAKANDI DIST- HAILAKANDI ASSAM PIN-78880

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION DEPARTMENT, ASSAM, DISPUR, GUWAHATI-6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006.

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

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER P.O. P.S AND DISTRICT- HAILAKANDI ASSAM

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5:THE TREASURY OFFICER P.O. P.S AND DISTRICT- HAILAKANDI ASSA

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Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS S R MAZARBHUIYA,MS A BEGUM

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Advocate for the Respondent : SC, FINANCE, SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 08.11.2024

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1. Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners. Also heard Mr. P.K. Bora, learned standing counsel, Elementary Education Department, for the respondent Nos. 1, 3 & 4 and Mr. A. Chalia, learned standing counsel, Finance Department, for the respondent Nos. 2 & 5.

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2. The petitioners were appointed as Tutors by different orders, all dated 23.09.2022, issued by the Director of Elementary Education, Assam. The Order dated 23.09.2022 provides that the post, against which the petitioners were accommodated as Tutors, is purely personal in nature and will cease to exist as and when the incumbent retires from service or expires. It is also provided that the accommodation order will take effect from 01.11.2020 only and the

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petitioner cannot claim any benefit whatsoever in respect of past services rendered by him/her prior to 01.11.2020. The order further states that the appointment is issued with concurrence of the Finance EC(III) Department dated 11.02.2021 and Finance (SIU) Department dated 17.02.2021, which was communicated by the Government Letter dated 01.09.2022.

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3. The grievance of the petitioners before this Court is that despite the stipulations provided in the Order dated 23.09.2022, the petitioners are being paid their current salary from the month of March, 2023, however, their arrear salary w.e.f. 01.11.2020 till 28.02.2023 has not been paid to them.

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4. Considering the short question involved, this writ petition is disposed of directing the petitioners to make their individual representations before the Director of Elementary Education, Assam within a period of 2 (two) weeks from today. The Director of Elementary Education, Assam/respondent No. 3 shall, thereafter, consider the representations made by the petitioners and dispose of the same, after verification of all the required documents, by a speaking order and in accordance with law within a period of 2 (two) months from the date of receipt of the representations to be filed by the petitioners.

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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

Sankarjit Das and 16 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Sankarjit Das and 16 Ors. 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

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