Disposed¶29

Pranab Kalita and 6 Ors. v. the State of Assam and 8 Ors.

Gauhati HC12 May 2025WP(C)/5366/2020

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/5366/2020; Pranab Kalita and 6 Ors. v. The State of Assam and 8 Ors.; decided 13.05.2025 by Vijay Bishnoi, CJ and Kardak Ete, J; TET (Teacher Eligibility Test); Graduate Teacher; Provincialised Higher Secondary/High Schools; Office Memorandum dated 14.07.2016; Principal Secretary, Education Department, Govt. of Assam; regularization of services; notification dated 1st July, 2020; condition of no pensionary benefits; liberty to agitate before appropriate forum; writ petition disposed of.

What did the court decide?

Liberty to the petitioners to agitate their grievances, if any, including the claim for pensionary benefits, by availing appropriate remedy before the appropriate forum, in accordance with law. ¶29

Pranab Kalita and 6 Ors. Vs the State of Assam and 8 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioners to agitate their grievances, if any, including the claim for pensionary benefits, by availing appropriate remedy before the appropriate forum, in accordance with law.

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Issue for consideration

Challenge to the Office Memorandum dated 14.07.2016 issued by the Principal Secretary to Govt. of Assam, Education Department, making it mandatory for the petitioners to appear and pass the TET conducted by the Government for the post of Graduate Teacher of Provincialised Higher Secondary/High Schools (raised by the writ petition; not adjudicated, as the petition was ultimately disposed of with liberty). +2 more

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Ratio / Principle

Since the services of the petitioners had already been regularized during the pendency of the writ petition and counsel for the petitioners sought liberty only to agitate the pensionary benefits claim (to which counsel for the respondent State had no objection), the writ petition is disposed of with liberty to the petitioners to agitate their grievances, if any, by availing appropriate remedy before the appropriate forum, in accordance with law; the validity of the Office Memorandum dated 14.07.2016 and the pensionary condition were not adjudicated.

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Detailed headnote1 paragraphs

Writ Petition (WP(C)/5366/2020) filed by seven teachers (led by Pranab Kalita) against the State of Assam and 8 others, challenging the Office Memorandum dated 14.07.2016 issued by the Principal Secretary to the Govt. of Assam, Education Department, which made it mandatory for the petitioners to appear and pass the TET conducted by the Government for the post of Graduate Teacher of Provincialised Higher Secondary/High Schools, and praying for regularization of their services. During the pendency of the writ petition, the Government regularized the services of the petitioners vide notification dated 1st July, 2020, but imposed a condition that no pensionary benefit would be payable to those teachers. Counsel for the petitioners submitted that, regularization having been granted, nothing survived for adjudication except the pensionary benefits claim, for which liberty was sought to agitate before the appropriate forum; counsel for the respondent State had no objection. Held (Vijay Bishnoi, CJ; Kardak Ete, J.; order dated 13.05.2025): the writ petition was disposed of with liberty to the petitioners to agitate their grievances, if any, by availing appropriate remedy before the appropriate forum, in accordance with law. The validity of the Office Memorandum dated 14.07.2016 was not adjudicated.

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GAHC010019062014

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

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WP(C)/5366/2020

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PRANAB KALITA AND 6 ORS. S/O LATE RAGHUNATH KALITA R/O VILL-DHARMAPUR TOWN ABHAYAPURI DIST-BONGAIGAON ASSAM PIN-783384

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2: JUGAL CHANDRA RAY S/O JANAK CHANDRA RAY R/O VILL-GERUKABARI P.O.-GERUKABARI P.S.-MANIKPUR DIST-BONGAIGAON ASSAM PIN-783390

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3: SHIB NARAYAN RAY S/O SATYA NARAYAN RAY VILL-NAYAPARA WARD NO. 4 P.S.-ABHAYAPURI DIST-BONGAIGAON ASSAM PIN-783384

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4: GAYATRI ROY W/O DR MRIDUL NATH VILL-BAHALPUR NATHPARA P.O.-BAHALPUR P.S.-CHAPAR DIST-DHUBRI ASSAM PIN-783371

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5: HEMANTA DEKA S/O LT. GOJEN DEKA R/O VILL-NO 2 BOKULONI P.O.-BOKULONI CHARIALI P.S.-DULIAJAN DIST-DIBRUGARH ASSAM PIN-786191

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6: PRANJIT PRATIM BHUYAN S/O LATE PRATAP BHUYAN R/O ADARSHA GAON DULIAJAN DIBRUGARH ASSAM PIN-786602

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7: BHARASHA MEDHI D/O UDDHAB MEDHI R/O VILL-MITANI P.O.-MALOIBARI P.S.-KHETRI DIST-KAMRUP (M) ASSAM PIN-782403 VERSUS

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THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT DISPUR GUWAHATI-781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006

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4:THE DIRECTOR OF EDUCATION (SECONDARY) DEPARTMENT KAHILIPARA GUWAHATI-781019

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5:MEMBER SECRETARY EMPOWERED COMMITTEE FOR TET FOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

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6:THE DEPUTY COMMISSIONER KAMRUP(M) PANBAZAR GUWAHATI-781001 7:THE DEPUTY COMMISSIONER BONGAIGAON DIST BONGAIGAON PIN-783380 8:THE DEPUTY COMMISSIONER DHUBRI DIST DHUBRI PIN-783301 9:THE DEPUTY COMMISSIONER DIBRUGARH DIST DIBRUGARH PIN-786003 -----------

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For petitioner/appellant(s) : Mr. D. Sarmah, Advocate For respondent(s) : Mr. N.J. Khataniar, SC, Education Mr. A. Chaliha, SC, Finance

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– BEFORE –

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HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE

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13.05.2025

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(Vijay Bishnoi, CJ)

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This writ petition is filed by the petitioners essentially, challenging the Office Memorandum dated 14.07.2016 issued by the Principal Secretary to Govt. of Assam, Education Department,

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whereby it was made mandatory for the petitioners to appear and pass the TET conducted by the Government for the post of Graduate Teacher of Provincialised Higher Secondary/High Schools. The petitioners have also prayed for regularization of their services.

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It is informed that during the pendency of this writ petition, the Government has already regularized the services of the petitioners vide notification dated 1^st July, 2020. However, a condition is imposed that no pensionary benefit will be payable to those teachers.

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Learned counsel for the petitioners has submitted that since the services of the petitioners have already been regularized, nothing remains for adjudication in this petition. However, so far as the claim of the petitioners regarding the pensionary benefit is concerned, liberty be granted to the petitioners to agitate the same before the appropriate forum in the appropriate proceeding.

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Learned counsel for the respondent State has no objection, if such liberty is granted. In such circumstance, this writ petition is disposed of with liberty to the petitioners to agitate their grievances, if any, by availing appropriate remedy before the appropriate forum, in accordance with law.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Pranab Kalita and 6 Ors. v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Pranab Kalita and 6 Ors. v. the State of Assam and 8 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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