Disposed¶32

Rakibul Islam Mazumder v. the Commissioner and Secretary to the Govt of Assam and 7 Ors.

Gauhati HC8 Jan 2025WP(C)/2820/2022

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/2820/2022; decided 09.01.2025; Justice N. Unni Krishnan Nair; Rakibul Islam Mazumder; Axom Sarba Sikha Abhiyan (SSA); contractual Assistant Teacher; 286 No. Chalitakandi LP School; Udharbond, Cachar; termination of agreement dated 01.07.2020; order dated 28.08.2024; appeal pending before appellate authority; writ petition closed; liberty to assail termination order.

What did the court decide?

Writ petition closed, with liberty granted to the petitioner to assail the SSA authorities' order dated 28.08.2024 before the appropriate Authority/Forum as may be advised. ¶32

Rakibul Islam Mazumder Vs the Commissioner and Secretary to the Govt of Assam and 7 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition closed, with liberty granted to the petitioner to assail the SSA authorities' order dated 28.08.2024 before the appropriate Authority/Forum as may be advised.

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Issue for consideration

Whether the issues raised in WP(C)/2820/2022, concerning the petitioner's contractual service as Assistant Teacher under the SSA authorities, called for any further consideration, given that by order dated 28.08.2024 the SSA authorities had terminated the agreement dated 01.07.2020 and the petitioner's appeal against that order was pending before the appellate authority.

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Court's answer

In view of the SSA authorities' order dated 28.08.2024 terminating the petitioner's contractual engagement and the pendency of the petitioner's appeal against that order, the issue arising in the present writ petition would not call for any further consideration.

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Ratio / Principle

In view of the order dated 28.08.2024, the present writ petition stands closed, with liberty granted to the petitioner to assail the said order dated 28.08.2024 before the appropriate Authority/Forum as may be advised.

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Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/2820/2022, decided 09.01.2025 (Justice N. Unni Krishnan Nair). The petitioner, engaged as a contractual Assistant Teacher of 286 No. Chalitakandi LP School under an agreement dated 01.07.2020 with the SSA authorities, had approached the Court in 2022. Pursuant to directions passed by the Court, the SSA authorities, after issuing show cause and conducting an enquiry, terminated the said agreement vide order dated 28.08.2024 and released the petitioner from contractual service. The petitioner's appeal against that order was pending before the appellate authority. Holding that the issue arising in the writ petition no longer called for further consideration, the Court closed the writ petition and granted the petitioner liberty to assail the order dated 28.08.2024 before the appropriate Authority/Forum as may be advised.

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GAHC010080292022

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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)/2820/2022

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RAKIBUL ISLAM MAZUMDER

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S/O. MOINA MIA MAZUMDER, R/O. ITKHOLA R.K. PALLY, P.O. MALUGRAM, P.S. MALUGRAM, DIST. CACHAR, ASSAM.

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VERSUS

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THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM AND 7 ORS DEPTT. OF ELEMENTARY EDUCATION, ASSAM, DISPUR, GUWAHATI-19. 2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-19. 3:THE DEPUTY COMMISSIONER CACHAR.

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4:THE MISSION DIRECTOR

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AXOM SARBA SIKHA ABHIYAN MISSION KAHILIPARA GUWAHATI-19.

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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CACHAR.

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6:THE BLOCK MISSION CO-ORDINATOR

SSA

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UDHARBOND CACHAR.

7:THE DISTRICT MISSION CO-ORDINATOR

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SSA CACHAR ASSAM.

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8:THE HEAD MASTER

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286 CHALITA KANDI L.P. SCHOOL UDHARBOND CACHAR

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Advocate for the Petitioner : MR M J QUADIR, MR. K MIRA

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Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, SSA

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 09.01.2025

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Heard Mr. M. J. Quadir, learned counsel for the petitioner and also Mr. S. B. Gogoi, learned Standing Counsel SSA.

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Mr. Gogoi, learned Standing Counsel SSA, has submitted that in terms of the directions passed by this Court, the SSA authorities after issuing Show Cause to the petitioner and upon carrying out an enquiry in the matter has vide order dated 28.08.2024, proceeded to terminate the agreement dated 01.07.2020, entered into with the petitioner and he has been released from his contractual service as Assistant Teacher of 286 No. Chalitakandi LP School.

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Mr. M.J. Quadir, learned counsel for the petitioner, submits that in pursuance to receipt of the said order dated 28.08.2024, the petitioner has filed an appeal in the matter and the said appeal is presently pending consideration before the appellate authority .

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In view of the above position, the issue arising in the present writ petition would not call for any further consideration. Accordingly, in view of the order dated 28.08.2024, the present writ petition stands closed. However, liberty is granted to the petitioner herein to assail the said order dated 28.08.2024, the appropriate Authority/ Forum as may be advised.

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JUDGE

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Comparing Assistant

Rakibul Islam Mazumder v. the Commissioner and Secretary to the Govt of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Rakibul Islam Mazumder v. the Commissioner and Secretary to the Govt of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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