Sahanara Begum Laskar v. The State of Assam and 8 Ors

ORDER Date : 24.04.2024

Heard Mr. S. B. Laskar, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Standing Counsel, Elementary Education.

¶2This writ petition is filed by the petitioner, who was accommodated as a tutor in Rabidaspara L.P. School under Hailakandi Education Block by order Page No.# 3/4 dated 23.09.2022. It is submitted that pursuant to her accommodation as a tutor in the Rabidaspara L.P. School by creating a supernumerary post as per the policy decision taken by the Government, the petitioner continued to render her services in the said school as a tutor.

¶3As per the joining letter, she joined in her services as a tutor on 24.09.2022 and since the date of her joining, she has been rendering her services but the salaries have not been paid. Being aggrieved, she has approached before this Court praying for necessary orders for release of her salary.

¶4On the earlier occasion, the learned Standing Counsel, Education was permitted to obtain required instructions in the matter. Today, when the matter is called up Mr. G. Pegu, learned Standing Counsel, elementary Education submits that the relevant records and files are available in the office of the Secretary, School Education, Government of Assam as per the instructions received from the Director of Elementary Education.

¶5It is submitted that there is some dispute with regard to the names of the teachers in respect of the said appointment between the petitioner and the respondent No.9. Petitioner is Sahanara Begum Laskar, aged about 47 years, D/O.-Late Hazi Abdul Rasid Laskar, W/O-Zamil Ahmed and a resident of Vill-Lala Part-I P.O and P.S. Lala, District-Hailakandi, Assam, Pin-788163 whereas, the respondent No.9 is Jahanara begum Laskar, D/O.-Azmot Ali Laskar, Vill-Mohanpur, Part-III, P.O. Mohanpur, District-Hailakandi, Assam, Pin-788150.

¶6Since it is submitted that all the relevant records relating to the dispute are available in the office of the Secretary to the Government of Assam, Department of School Education, namely, the respondent No.2, the respondent No.2 is directed to look into the grievances of the writ petitioner and after examination Page No.# 4/4 of all relevant records, will pass necessary speaking order. Any such order that is passed, a copy thereof shall be served on the writ petitioner.

¶7The respondent No.9 or any other interested party should be given notice and heard before any such speaking order is passed. For the purposes of carrying out the direction, the respondent No.2 will consider the present writ petition to be a representation being filed before the respondent No.2.

¶8The entire exercise be completed within a period of 60 (sixty) days from the date of receipt of a certified copy of this order.

¶9Writ petition is accordingly, disposed of. No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010006292024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/200/2024o SAHANARAoBEGUMoLASKARo D/O-oLT.oHAZIABDULoRADISoLASKAR,oW/O-oZAMILoAHMED,oVILL-oLALAo PART-I,oP.O.oANDoP.S.oLALA,oDIST.-oHAILAKANDI,oASSAM,oPIN-o788163 VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATION,oDISPUR,oGUWAHATI-6 2:THEoDEPUTYoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoSCHOOLoEDUCATION oDISPUR oGUWAHATI-6 3:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oHAILAKANDI oDISTRICT-oHAILAKANDI oASSAM oPIN-o788151 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oLALA oDIST.oHAILAKANDI oASSAM oPIN-o788163 Page No.# 2/4 6:THE BLOCK ELEMENTARY EDUCATION OFFICER HAILAKANDI DISTRICT- HAILAKANDI ASSAM PIN- 788151 7:THE HEAD TEACHER DHANIPUR M.E. SCHOOL VILL. DHANIPUR P.O. LALA DIST.- HAILAKANDI ASSAM PIN- 788163 8:THE HEAD TEACHER RABIDASPARA L.P. SCHOOL VILL. NORTH NARAYANPUR PART- 2 P.O. NORTH NARAYANPUR PIN- 788801 9:JAHANARA BEGOM LASKAR D/O- AZMOT ALI LASKAR VILL. MOHANPUR PART-III P.O. MOHANPUR DIST.- HAILAKANDI ASSAM PIN- 78815 Advocate for the Petitioner : MR. S B LASKAR Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA