Atanu Mohan Saikia Vs the State of Assam and 5 Ors.

THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN- 781006.

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM

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3:THE INSPECTOR OF SCHOOLS GOLAGHAT DISTRICT CIRCLE GOLAGHAT ASSAM

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4:THE PRINCIPAL

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DHEKIAL HIGHER SECONDARY SCHOOL P.O. DHEKIAL DIST. GOLAGHAT PIN- 785622 ASSAM

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5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF PERSONNEL (B) GOVT. OF ASSAM CIVIL SECRETARIAT

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DISPUR GUWAHATI-781006.

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6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ADMINISTRATIVE REFORMS AND TRAINING DEPARTMENT GOVT. OF ASSAM ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI-781006

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Advocate for the Petitioner : MR. P TALUKDAR, MS D ANGANA

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Advocate for the Respondent : GA, ASSAM, MS. N S THAKURIA (R4),SC, SEC. EDU.

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BEFORE

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HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 09.01.2025

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Heard Mr. P.Talukdar, learned counsel for the petitioner. And also heard Ms. H. Terangpi, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1,2& 3.

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In this petition,under Article 226 of the Constitution of India, the petitioner namely, Atanu Mohan Saikia, has prayed for issuing direction to the respondent authorities to bring out an amendment or modification or incorporate the provision for promotion of Grade-IV employees to the next higher post of Grade-III LDA/Junior Assistant in the existing Assam Secondary Education (Provincialised) Service Rules, 2003 or in the alternative, to directthe respondent authorities to promote the petitioneragainst the sanctioned post of LDA /Junior Assistant, which is presently lying vacant in Dhekial H.S. School Golaghatunder the jurisdiction of the Inspector of Schools,Golaghat district and

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pending such amendment, to direct the respondent No.2,to consider the case of promotion of the petitioner to the post of Grade-III (Junior Assistant/LDA) in the said schools of Golaghat.

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Mr. Talukdar, learned counsel for the petitioner submits that the petitioner has been working in Dhekial H.S. School, Golaghat since 19.06.2018, pursuant to the Memo No. GDC/EST/346/12/395, as Laboratory Bearer (GradeIV) and hisservice conditionis governed by the Assam Secondary Education (Provincialised) Service Rules, 2003 (‘Rules of 2003’ for short).

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3.1. Mr. Talukdar, further submits that the said Rule 2003,does notprovide for any promotional avenue for eligible as well as qualified Grade-IV employees to be promoted to the next higher post of Grade-III/Junior Assistant in the Secondary Schools and what is provided in the Rules is that all the GradeIII/Junior Assistant post are filled up through direct recruitment process.

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3.2. Mr. Talukdar,further submits that the Rules 2003,is ultra vires as the same does not provide any promotional scope to the Grade- IV employees in the next higher post of Grade-III/Junior Assistant and the same violates the right to equality as well as other rights of the petitioner.

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3.3. Mr. Talukdar, also submits thathaving been appointed on 15.06.2018, and joined on 19.06.2018, the petitioner has already completed five years of service and is eligible to be promoted to the post of Grade-III and due to nonexistence of provision,his promotion could not be considered by the authority and therefore, he has approached this Court by filing the present petition for

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issuing direction to the respondent authorities to bring out necessary amendment making provision for promotion to the serving Grade-IV staffs.

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It is the further submission ofMr.Talukdarthat in the meantime, the State respondentshavebroughtout an amendment, which is notified on 07.10.2024, in the Assam Gazette and in the said amendment, it is provided that 5% of the total posts of Junior Assistant in the district,shall be filledup by promotion from Grade-IV employees of the school,under the concerned district having five years of continuous service as regular Grade-IV employee and having requisite qualification applicable for the post of Junior Assistant as mentioned under Sub-Rule(3). The remaining post shall be filled up by direct recruitment from the open competition in the manner as prescribedunder SubRule (3) of the Rules of 2003. And as the petitioner is eligible for being promotedto Grade III post and as per Annexure-14,of the petition at Page No. 64,two posts of Grade-III are lying vacant inDhekial H.S. School, under the Inspector of Schools,Golaghat district upto 31.01.2023, and as such, Mr. Talukdarhas contended to dispose of this petition by issuing direction to the respondent No.2 to promote the petitioner to any Grade-III post in the said school.

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Ms. H. Terangpi, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1,2& 3 has also produced written instruction before this Court,pursuant to the order of this Court dated 18.12.2024, and submits that in view of the above instruction, no affidavit is required to be filed by the respondent authorities and this writ petition may be disposed of todayitself.

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Having heard the submissions oflearned advocates of both the

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parties, I have carefully gone through the petition and the documents placed on record and also perused the instruction, which Ms.Terangpi, learned Standing Counselfor the respondents haveproduced before this Court.

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It appears that during the pendency of this writ petition the respondent authorities have brought out necessary amendmentofRule 5 of the Assam SecondaryEducation (ProvincialisedSchool) Service Rules, 2018,makingnecessaryprovision for promotion of Grade-IV employees of the schools, under the concerned district, having five years of continuous service as regular Grade-IVemployees and having requisite qualification applicable for the post of Junior Assistant as mentioned under Sub-Rule (3).

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It also appears from the documents placed on record that the petitioner is M.A. in Assamese, as per Annnexure-4 and he is also a P.G. Diploma holder in Computer Application, and as such,he appears to be eligiblefor being promotedto existing Grade-III posts of the school, in which he has been serving in Grade-IV.

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Under such circumstances, this Court is inclined todispose of this petition by issuing direction to the respondent No.2, to consider the case of the petitioner for being promoted to the existingGrade-IIIpost inDhekial H.S. School.

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The aforesaid exercisehas to be carried out within a period 2(two) months from the date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of this order and place the same before the respondent No.2 within a period of three weeks from today.

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In terms of above, this instant writ petition stands disposed of. The

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parties have to bear their own cost.

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JUDGE

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Comparing Assistant

Atanu Mohan Saikia v. the State of Assam and 5 Ors.

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Atanu Mohan Saikia v. the State of Assam and 5 Ors.

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