Disposed

Shahida Ahmed v. the State of Assam and 3 Ors.

Gauhati HC3 Mar 2024WP(C)/3593/2021

Case brief

AI extract

What is this about?

High Court disposed of petition seeking provincialisation rejected despite DSC recommendation; directed petitioner to file appeal before Appellate Authority within 25 days under Section 14 of 2017 Act. Appeals must be decided within 2 months with hearing.

What did the court decide?

Petitioner to file appeal before Appellate Authority under Section 14 of the Act of 2017, within 25 days. Appellate Authority to consider on merits within 2 months.

Shahida Ahmed Vs the State of Assam and 3 Ors. — Pension and Retirement Benefits | Gauhati HC (2024)

¶1

Page No.# 1/3

¶2

GAHC010081102021

¶3

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

¶4

Case No. : WP(C)/3593/2021

¶5

SHAHIDA AHMED

¶6

W/O HASHEM ALI MONDAL VILLAGE BHANDARA NO. 5, PO BHANDARA BAZAAR, DIST BONGAIGAON,ASSAM, 783390

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 3 ORS THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION, DISPUR GUWAHATI 06

¶9

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19

¶10

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSAM

¶11

4:THE DISTRICT SCRUTINY COMMITTEE BONGAIGAON REPRESENTD BY THE CHAIRPERSON CUM DEPUTY COMMISSIONER BONGAIGAON ASSA

¶12

Advocate for the Petitioner : MR M H AHMED

¶13

Advocate for the Respondent : GA, ASSAM

¶14

BEFORE HON’BLE MR. JUSTICE KARDAK ETE

Page No.# 2/3

O R D E R

04.03.2024.

Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned standing counsel, Elementary Education Department appearing for the respondent Nos.1, 2 & 3 and also heard Ms. D.D. Barman, learned Addl. Senior Government Advocate, appearing for the respondent No.4.

¶19

The petitioner was appointed as Arabic Teacher by the School Managing Committee of 3 No. Bhandara M.E. Madrassa on 30.10.2005 and the said school was recognized under Section 12 of the Assam Elementary (Provincialisation) Act, 1974. According to the petitioner, her appointment was approved by the District Elementary Education Officer (DEEO), Bongaigaon vide order dated 03.10.2007. She imparts lesson of Arabic to the students of the said school. It is contended that the District Scrutiny Committee, Bongaigaon recommended her name for provincialisation of her service as Arabic Teacher along with six other employees of the said school. The name of the petitioner is also reflected in the DISE Code. However, vide impugned order dated 04.02.2021, the service of the petitioner has not been provincialized, while provincialising the other teachers and employees.

¶20

Section 14 of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (as amended in 2018), provides for an appeal against the recommendation to the Appellate Authority.

¶21

As agreed to by the learned counsel for the parties and on consent, the

¶22

Page No.# 3/3

¶23

Writ Petition is disposed of with a direction to the petitioner to file an appeal before the Appellate Authority under Section 14 of the Act of 2017, within twenty five (25) days from today. On such filing of Appeal, the appellate Authority shall consider the case of the petitioner, by giving her an opportunity of hearing and pass appropriate order(s) within two (2) months, from the date of receipt of the said Appeal.

¶24

(5) The Writ Petition stands disposed of in terms of the above direction and order. No order as to cost.

¶25

JUDGE

¶26

Comparing Assistant

Shahida Ahmed v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Shahida Ahmed v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Durgapurpara Me Madrassa Vs the State of Assam and 6 Ors.

Muhim Konwar Vs Sri Preetom Saikia

Asadul Haque Mazumder Vs the State of Assam and 3 Ors.

Meherun Nessa Vs the State of Assam and 3 Ors.

Jyoti Rekha Saikia Vs Narayan Konwar and Anr.

Dhrubajit Choudhury Vs Dibrugarh University and 3 Ors.