Nizam Uddin Ahmed Vs Sri Narayan Konwar, IAS and 2 Ors.

PIN-781381 ASSAM VERSUS NARAYAN KONWAR IAS AND ORS. SECREATARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 ASSAM. 2:MS. MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:MS SABINA YASMINARA BEGUM INSPECTOR OF SCHOOL DARRANG DISTRICT CIRCLE DIST-DARRANG 4:JAYANT NARLIKAR IAS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-781006 -----------Advocate for : MS. RUKMINI BARUA Advocate for : MR. B GOGOI (R-4) appearing for NARAYAN KONWAR IAS AND ORS. Linked Case : Cont.Cas(C)/34/2025 PARINITA PATAR D/O RATIRAM PATAR R/O KAAHIBARI P.O.-BHUMURAGURI CHARAIBAHI DIST- MORIGAON PIN-782106 ASSAM

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VERSUS NARAYAN KONWAR IAS AND ORS. SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 ASSAM. 2:MS. MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:APURBA THAKURIA INSPECTOR OF SCHOOL MORIGAON DISTRICT CIRCLE DIST-MORIGAON 4:JAYANT NARLIKAR IAS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-781006 -----------Advocate for : MS. RUKMINI BARUA Advocate for : MR. B GOGOI(R-4) appearing for NARAYAN KONWAR IAS AND ORS. Linked Case : Cont.Cas(C)/32/2025 MUKUL SARMA S/O AMBIKA PRASAD SARMA R/O BARBHAG DIST- NALBARI PIN-781325 ASSAM VERSUS NARAYAN KONWAR IAS AND ORS. SECREATARY TO THE GOVERNMENT OF ASSAM

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DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 ASSAM. 2:MS. MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:JAYANTA THAKURIA INSPECTOR OF SCHOOL NALBARI DISTRICT CIRCLE DIST-NALBARI 4:JAYANT NARLIKAR IAS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-781006 -----------Advocate for : MS. RUKMINI BARUA Advocate for : MR. B GOGOI (R-4) appearing for NARAYAN KONWAR IAS AND ORS. Linked Case : Cont.Cas(C)/30/2025 PARESH BEZBARUAH S/O DHARMESWAR BEZBARUAH R/O NALBARI TOWN DIST- NALBARI PIN-781335 ASSAM VERSUS SRI NARAYAN KONWAR I.A.S. SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006. 2:MS. MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-781019

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3:JAYANTA THAKURIA INSPECTOR OF SCHOOL NALBARI DISTRICT CIRCLE DIST-NALBARI -----------Advocate for : MS. RUKMINI BARUA Advocate for : MR S M T CHISTIE (R-3 2) appearing for SRI NARAYAN KONWAR I.A.S.

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Linked Case : Cont.Cas(C)/40/2025

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LAKSHI KANTA SARMA S/O- BHUBAN SARMA R/O- VILLAGE BAGHARAGAON DIST-MORIGAON PIN-782105 ASSAM VERSUS SRI NARAYAN KONWAR IAS AND ORS SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 ASSAM. 2:MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 ASSAM 3:APURBA THAKURIA INSPECTOR OF SCHOOLS MORIGAON DISTRICT CIRCLE DIST- MORIGAON

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4:JAYANT NARLIKAR IAS

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THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06

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-----------Advocate for : MS. RUKMINI BARUA Advocate for : MR A CHALIHA (R-4) appearing for SRI NARAYAN KONWAR IAS AND ORS

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Linked Case : Cont.Cas(C)/31/2025

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ISMAIL HUSSAIN S/O ABDUS SOBHAN AHMED R/O SONKUCHI DIST- BARPETA PIN-781314 ASSAM VERSUS NARAYAN KONWAR IAS AND ORS. SECREATARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 ASSAM. 2:MS. MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:RATUL KUMAR DAS INSPECTOR OF SCHOOL BARPETA DISTRICT CIRCLE DIST-BARPETA 4:JAYANT NARLIKAR IAS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-781006 -----------Advocate for : MS. RUKMINI BARUA Advocate for : MR. B GOGOI (R-4) appearing for NARAYAN KONWAR IAS AND ORS.

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Linked Case : Cont.Cas(C)/33/2025 TULUKAN BHARALI S/O SUREN BHARALI R/O BAR BHALUKI BAJALI DIST- BARPETA PIN-781371 ASSAM VERSUS NARAYAN KONWAR IAS AND ORS. SECREATARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 ASSAM. 2:MS. MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:RATUL KUMAR DAS INSPECTOR OF SCHOOL BARPETA DISTRICT CIRCLE DIST-BARPETA 4:JAYANT NARLIKAR IAS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-781006 -----------Advocate for : MS. RUKMINI BARUA Advocate for : MR. B GOGOI (R-4) appearing for NARAYAN KONWAR IAS AND ORS.

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Linked Case : Cont.Cas(C)/38/2025

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PABAN RAHANG S/O- SATYA RAHANG

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R/O- MITANI NONKE P.S. SONAPUR DIST. KAMRUP(M) PIN- 782402 ASSAM VERSUS NARAYAN KONWAR IAS AND ORS. SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 ASSAM. 2:MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:DIPIKA CHOUDHURY INSPECTOR OF SCHOOL KAMRUP 4:JAYANT NARLIKAR THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-781006. -----------Advocate for : MS. RUKMINI BARUA Advocate for : MR. B GOGOI (R-4) appearing for NARAYAN KONWAR IAS AND ORS.

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Linked Case : Cont.Cas(C)/29/2025 SHAHIDUL ISLAM S/O ATABUDDIN AHMED R/O KHALONIBIL BURHABURI DIST-MORIGAON PIN-782411 ASSAM VERSUS

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NARAYAN KONWAR IAS AND ORS. SECREATARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 ASSAM. 2:MS. MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:APURBA THAKURIA INSPECTOR OF SCHOOL MORIGAON DISTRICT CIRCLE DIST-MORIGAON 4:JAYANT NARLIKAR IAS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-781006 -----------Advocate for : MS. RUKMINI BARUA Advocate for : MR. B GOGOI (R-4) appearing for NARAYAN KONWAR IAS AND ORS. Linked Case : Cont.Cas(C)/36/2025 DR GITANJALI TALUKDAR D/O KANDARPA NATH TALUKDAR R/O KAILASHPUR NEAR LANKESWAR P.O.-GUWAHATI UNIVERSITY DIST- KAMRUP (M) PIN-781014 ASSAM VERSUS NARAYAN KONWAR IAS AND ORS. SECREATARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR

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GUWAHATI-781006 ASSAM.

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2:MS. MAMATA HOJAI DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

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3:TAPAN KUMAR KALITA INSPECTOR OF SCHOOL KAMRUP DISTRICT CIRCLE DIST-KAMRUP

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4:JAYANT NARLIKAR IAS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-781006 -----------Advocate for : MS. RUKMINI BARUA Advocate for : MR. B GOGOI (R-4) appearing for NARAYAN KONWAR IAS AND ORS.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 04-04-2025

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Heard Ms. R Barua, learned counsel for the petitioners. Also heard Mr. SMT Chistie, learned counsel for the respondent Nos. 1 to 3 in all the cases as well as Mr. B Gogoi, learned counsel for the respondent No. 4 in all the cases, except Cont.Cas(C) 24/2025 and Cont.Cas(C) 30/2025.

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2. The contempt petitions have been filed on the ground that paragraph 15 of the judgment and order dated 08.02.2024 passed in a batch of writ petitions, one of them being WP(C) 7317/2022, have not been complied with.

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3. Paragraph 15 of the judgment and order dated 08.02.2024 passed in WP(C) 7317/2022 and others states as follows:-

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“15. Under such circumstances, the government is now required to examine and pass a speaking order in respect of each of these petitioners. If the order of provincialization was issued on the basis of correct documents wherein it is reflected that the subject concurrence was received after 01.01.2006, in the event, the government takes a decision that their provincializations are to be cancelled, then the petitioners will have to be put to a proper notice before such cancellation orders are to be issued. The respondents cannot rely on Clause 5 of the order dated 04.02.2021 to arrive at a conclusion that theorder of provincialization of the petitioners have been deemed to be cancelled. In the event, the department finds that their provincialization is in contravention with the provisions of the Act, then the school management authority will be directed to pay the salaries of the petitioners and proposals afresh for seeking provincialization of the petitioners will be put up before the authority for necessary consideration.”

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4. Mr. SMT Chistie, learned counsel for the respondent Nos. 1 to 3 has submitted the following orders for each of the following contempt cases:-

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(i) Order dated 06.03.2025, issued by the Secretary to the Government of Assam, Department of School Education.

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(ii) Order dated 27.03.2025, issued by the Director of Secondary Education.

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(iii) Addendum dated 04.04.2025 issued by the Director of Secondary Education.

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5. The order dated 06.03.2025, issued by the Secretary to the Government of Assam, Department of School Education is to the effect that subject concurrence for the subjects being taught by the petitioners was issued after 01.01.2006, which was not in compliance with the provisions of the Assam Educational (Provincialization of Services of Teacher and Re-organisation of Educational Institution) Act, 2017, as amended in 2018 and hence provincialisation of the service of the petitioners should be cancelled.

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6. The order dated 27.03.2025, issued by the Director of Secondary Education is to the effect that the provincialisation orders of the petitioners was revoked, as the subject concurrence for the subjects being taught by the petitioners was given only after 01.01.2006. The order further states that the petitioner “shall no longer be entitled to the benefits, privileges, and conditions associated with provincialization”.

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7. The addendum dated 04.04.2025 issued by the Director of Secondary Education is to the effect that the School Management Development Committee of the Schools in which the petitioners are teaching shall be directed to release the arrear salary of the petitioners, after receipt of the verification report from the Inspector of Schools, with regard to the service rendered by the petitioners in their respective Schools.

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8. On a reading of the orders and addendums mentioned above, it is the view of this Court that the judgment and order dated 08.02.2024 passed in WP(C) 7317/2022 has been complied with. However, there is some ambiguity in the order dated 27.03.2025 and the addendum dated 04.04.2025 issued by the Director of Secondary Education, Assam, inasmuch as, the order dated

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27.03.2025 states that the petitioners shall no longer be entitled to the benefits, privileges, and conditions associated with provincialization. This appears to show that the benefits, privileges and conditions would not be available to the petitioners from 27.03.2025 and not from a date prior to 27.03.2025.

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9. The contempt petitions are accordingly closed.

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10. The orders dated 06.03.2025, the orders dated 27.03.2025 and the addendums dated 04.04.2025 are made a part of the record and marked as Annexure-X, Annexure-Y and Annexure-Z, respectively.

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JUDGE

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Comparing Assistant

Nizam Uddin Ahmed v. Sri Narayan Konwar, IAS and 2 Ors.

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Nizam Uddin Ahmed v. Sri Narayan Konwar, IAS and 2 Ors.

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