Smti. Tila Maya Sonary v. The State of Assam and 6 Ors

ORDER

03.03.2023 Heard Mr. A N Ahmed, learned counsel for the petitioner and Mr. P N Sarma, learned Standing counsel, Department of School Education for the respondent Nos. 1, 6 &

¶7Also heard Ms. R B Borah, learned Standing counsel, BTC for the respondent Nos. 2 to

5.

¶2It is submitted by the petitioner that the Deputy Inspector (DI) of Schools, Nalbari vide order under Memo No. Apptt-1/99/1466-72 dated 04.12.1999 appointed her as Stipendiary Mistress against the converted post sanctioned by the Government on

16.11.1991 and posted her at Bijuli Sonapur Lower Primary School under the Sub-Inspector of Schools, Mushalpur Circle, District-Baksa.

¶3By an order dated 19.01.2009, the Director of Education, BTC terminated her service with immediate effect finding her appointment doubtful and as she could not fulfill the terms and conditions, like (a) the Advertisement issued by the DEEO, D.I. of Schools of Nalbari inviting application as a candidates to fill up the posts in the schools in the BTC Page No.# 3/4 area, (b) Approval of the State Level Empowered Committee of the Personal Department of Government of Assam to fill up the posts, (c) the records of holding interview and preparation of score sheets by the interview board, (d) list of selected candidates indicating vacancies of the schools to fill up the selected candidates and (e) Approval of erstwhile Bodoland Autonomous Council for the appointment.

¶4Petitioner submitted that the cases of similarly placed teachers have been considered by the Hon'ble Division Bench of this Court by common order dated 06.02.2015 passed in Writ Appeal No. 182/2013 (Gobinda Barman and 4 Ors. -Vs-the State of Assam and 6 Ors.) and other connected cases.

¶5It is also submitted by the petitioner that following the order of the Hon'ble Division Bench of this Court passed in Writ Appeal No. 182/2013 and other connected cases, a Coordinate Bench of this Court have allowed the cases of the petitioners serving as Assistant Teachers in BTC areas, whose services were terminated like the petitioner.

¶6To that extent, the petitioner has annexed copy of the orders of this Court passed in WP(C) No. 1910/2015 as well as WP(C) No. 1014/2014, disposed of on 06.04.2015 and

21.05.2015 respectively.

¶7Ms. Borah, Standing counsel, BTC on instruction submitted that since 2009, the petitioner is no longer in service nor she is rendering any service in the said school after her such termination.

¶8From the orders passed by the Court, annexed by the petitioner it is seen that that those orders have been passed in the cases of Assistant Teachers serving in the BTC areas.

¶9But in the case in hand, the petitioner claimed that she was appointed as Stipendiary Mistress.

¶10The provisions of Assam Elementary Education (Provincialisation) Act, 1974 and the Assam Elementary Education (Provincialisation) Rules, 1977, does not provide for any such post of Stipendiary Mistress in any provincialised schools of the State.

¶11The petitioner has also not annexed copy of her appointment order issued by the Deputy Inspector of Schools, Nalbari, except a photocopy of her Service Book having signatures of the Sub-Inspector of Schools, Mushalpur Circle dated 12.05 and the Block Page No.# 4/4 Elementary Education Officer, Baksa, Mushalpur dated 28.05 without specifying the relevant year of those signatures in the service book.

¶12Since the petitioner has failed to establish her case regarding her appointment as Stipendiary Mistress and there is no such post of Stipendiary Mistress under the provisions of said 1977 Rules, noted above and since the cases covered by the order of the Hon'ble Division Bench dated 06.02.2015 passed in Writ Appeal No. 182/2013 and other connected cases relates to only Assistant Teachers, as such, this writ petition being devoid of any merit, stands dismissed.

JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010024602016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5414/2016o SMTI.oTILAoMAYAoSONARYo D/O-oSRIoLALoBAHADURoSONARY,oR/OoVILL.oandoP.O.-oDIHIRA,oP.S.-o BARBARI,oDIST.-oBAKSA,oBTAD,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMMISSIONERoandoSECY.oTOoTHEoGOVT.oOFoASSAM,o EDUCATIONoDEPTT.,oDISPUR,oGHY-o6,oDIST.-oKAMRUPoM,oASSAM. 2:THEoSECRETARY oBTC oKOKRAJHAR oBTAD oASSAM oPIN-o781374. 3:THEoDIRECTORoOFoEDUCATION oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oBTAD oASSAM oPIN-o781374. 4:THEoDIST.oELEMENTARYoEDUCATIONoOFFICER oMUSHALPUR oDIST.-oBAKSA oBTAD oASSAM oPIN-o781372. 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER Page No.# 2/4 MUSHALPUR DIST.- BAKSA BTAD ASSAM PIN- 781372. 6:THE DIST. ELEMENTARY EDUCATION OFFICER NALBARI DIST.- NALBARI ASSAM. 7:THE DY. INSPECTOR OF SCHOOLS NALBARI DIST.- NALBARI ASSAM Advocate for the Petitioner : MR A N AHMED Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK