Disposed

Debojit Chakrobarty and 11 Ors. v. the State of Assam and 4 Ors.

Gauhati HC7 Nov 2024WP(C)/3606/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by 12 Tutors seeking arrears of salary despite their appointment being purely personal. The court directed them to make representations to the Director of Elementary Education for consideration.

What did the court decide?

Direction to make representations to the Director of Elementary Education, Assam within two weeks.

Debojit Chakrobarty and 11 Ors. Vs the State of Assam… — Service and Employment | Gauhati HC (2024)

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GAHC010141332024

2024:GAU-AS:10907

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

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Case No. : WP(C)/3606/2024

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DEBOJIT CHAKROBARTY AND 11 ORS S/O- LATE DIPEN CHAKROBARTY, A.T. AT BILAIPUR M.V. SCHOOL, R/O- MISSION ROAD, W/NO- 3, HAILAKANDI, DIST.- HAILAKANDI, ASSAM.

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2: MANANITA CHOUDHURY D/O- LATE RANADHIR CHOUDHURY A.T. AT 268 NO. KANCHANPUR L.P. SCHOOL R/O- MISSION ROAD W/NO.- 3 HAILAKANDI DIST.- HAILAKANDI ASSAM.

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3: RATNAJYOTI CHOUDHURY S/O- LATE RANADHIR CHOUDHURY A.T. AT RAMCHANDRA MUKTABASI M.E. SCHOOL R/O- LAXMISAHAR W/NO- 8 HAILAKANDI DIST.- HAILAKANDI ASSAM. 4: SUBRATA SARKAR S/O- LATE SHAYAMAPADA SARKAR A.T. AT SARANARTHIPUR M.E. SCHOOL R/O- MISSION ROAD W/NO-3 HAILAKANDI DIST.- HAILAKANDI ASSAM.

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5: RAJAT BARAN GHOSH S/O- LATE CHANDAN BORAN GHOSH A.T. AT MAHATMA GANDI MEMORIAL M.E. SCHOOL R/O- JOGENDRA ROAD W/NO-3 HAILAKANDI DIST.- HAILAKANDI ASSAM. 6: SUDIP DEBROY S/O- BARUN DEBROY A.T. AT RATAKANDI M.E. SCHOOL R/O- TOOL ROAD W/NO- 15 HAILAKANDI DIST.- HAILAKANDI ASSAM. 7: SOUMITRA DUTTA ROY S/O- LATE CHITTA RANJAN DUTTA ROY A.T. AT MAHATMA GANDHI MEMORIAL M.E. SCHOOL W/NO- 3 HAILAKANDI DIST.- HAILAKANDI ASSAM. 8: RIKTA SEN GUPTA D/O- LATE SUKHA RANJAN SEN GUPTA A.T. AT MONACHERRA GRANT TAPSHIL M.E. SCHOOL R/O- RATANPUR ROAD W/NO-12 HAILAKANDI DIST.- HAILAKANDI ASSAM. 9: BARNALI BHOWMIK D/O- LATE RATHINDRA BHOWMIK A.T. AT TOWN M.E. SCHOOL R/O- S.S. ROAD W/NO- 9 HAILAKANDI DIST.- HAILAKANDI ASSAM.

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10: JAYANTA KR. CHANDA S/O- LATE JYOTIRMOY CHANDA A.T. AT RATAKANDI M.E. SCHOOL

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R/O- HAILAKANDI BAZAR W/NO.- 10 HAILAKANDI DIST.- HAILAKANDI ASSAM. 11: SUBRATA KUMAR DEB S/O- LT. SUKHENDRA CHANDRA DEB A.T. AT BILPAR M.E. SCHOOL R/O- LALA ROAD W/NO.- 4 HAILAKANDI DIST.- HAILAKANDI ASSAM. 12: CHINMOY DEB S/O- CHITTA RANJAN DEB A.T. AT BALAKANDI M.E. SCHOOL R/O- MODEL COLONY W/NO- 13 HAILAKANDI DIST.- HAILAKANDI ASSAM VERSUS

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

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. P.S. AND DIST.- HAILAKANDI ASSAM.

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5:THE TREASURY OFFICER HAILAKANDI P.O. P.S. AND DIST.- HAILAKANDI ASSAM

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Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE

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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 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

Debojit Chakrobarty and 11 Ors. v. the State of Assam and 4 Ors.

Case brief

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Debojit Chakrobarty and 11 Ors. v. the State of Assam and 4 Ors.

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