Md. Jakariabur Rahman and 10 Ors v. The State of Assam and 4 Ors

PageoNo.#o1/5 GAHC010032142023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1147/2023o

1.oMD.oJAKARIABURoRAHMANoANDo10oORSo A/T,oSOLOGURIoRASUTIoPARoL.P.oSCHOOL,o S/O-oNURULoAMIN,o R/O-oDAKIABASTI,oP.O.-oDHUPAGURI,o P.S.-oDHING,oDIST.-oNAGAON,o ASSAM. 2:oMD.oASRAFULoISLAMoBHUYAN A/T,oBHUYANBARIoSUBURAoSMRITIoADARSHAoMUKTABoSCHOOL S/O-oMD.oFAZLULoISLAMoBHUYAN R/O-oVILLAGE-oSOLOGURI P.O.-oSOLOGURI P.S.-oDHING DIST.-oNAGAON ASSAM. 3:oMD.oENAMULoHOQUEoFORAZEE A/T,o2oNO.oKAMALoSUTIPARoMUKTABoSCHOOL S.O.-oSHIRAJULoISLAMoFORAZZEE R.O.-oVILLAGE-oKAMALoSHUTIoCHAR P.O.-oKANDHULIMARI P.S.-oDHING DIST.-oNAGAON ASSAM. 4:oMD.oANUWARULoHOQUEoCHOWDHURY A/T UTTARoDHUNIABHETIoRAHMAToALIoMUKTAB R/O-oVILLAGE-oDHUNIABHETI P.O.-oDHUNIABHETI P.S.-oBATADRAVA DIST.-oNAGAON ASSAM. o PageoNo.#o2/5 5:oAZMATUNoNEHAR oA/T oUTTARoDHUNIABHETIoRAHMOToALIoMKB.o VILL.oDHUNIABHETI oP.O.-oDHUNIABHETI oDIST.-oNAGAON oASSAM. 6:oMD.oHASENoSHAoHAZARIKA oA/T oSONSERIoNURoBALIKAoL.P.oSCHOOL oS/O-oISMAILoHUSSAIN oVILLAGE-oSONSERI oP.O.-oKANDHULIMARI oP.S.-oDHING oDIST.-oNAGAON oASSAM. 7:oABDULoSAMAD oA/T oUTTARoMOIRADHAIoABDULoRAHIMoGIRLSoL.P.oSCHOOL oVILL.-oROWMARI oP.O.-oROWMARIoBILL oDIST.-oNAGAON oASSAM. 8:oMD.oFAKARoUDDINoAHMED oA/T oBECHAMARIoADARSHAoL.P.oSCHOOL oS/O-oABDULoJABBAR oR/O-oVILLAGEoBECHAMARI oP.S.-oDHING oDIST.-oNAGAON oASSAM. 9:oMD.oIMRANoCHOUDHURY oA/T oPACHIMoKUBAIKATAoLAKIAoL.P.oSCHOOL oS/O-oMD.oABDULoMATIN oR/O-oVILLAGE-oKUBAIKATA oP.O.-oDHANIABHETI oDIST.-oNAGAON oASSAM. 10:oMUZZAMILoHOQUE oA/T oRAJABRIoLATARIPARoELAHIBOXoL.P.oSCHOOL Page No.# 3/5

S/O-MD. UMAR ALI R/O-VILLAGE-RAJABARI P.O.- SOLOGURI P.S.- DHING DIST.- NAGAON ASSAM. 11: DILUWARA BEGUM A/T PACHIM ROWMARI ADARSHA N.B. L.P. SCHOOL W/O-RAJAB ALI R/O-VILLAGE ROWMARI P.O.- ROWMARI P.S.- DHING DIST.- NAGAON ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON NAGAON. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER BATADRAVA BLOCK NAGAON. 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-5 Advocate for the Petitioner : MR. A R BHUYAN Advocate for the Respondent : SC, ELEM. EDU Page No.# 4/5

B E F O R E HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

02-03-2023 Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Mr. P.K. Borah, learned Standing Counsel, Elementary Education Department for Respondent No.1 to 4; and Mr. P. Nayak, learned Standing Counsel, Finance Department for Respondent No.5.

¶2The petitioners were appointed as Assistant Teachers in different schools under Batadrava Block in the District of Nagaon and rendering their services as third and fourth teacher in their respective schools. All the schools in which the petitioners are presently employed and working, were provincialised in the year 2011. In the meantime, the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 was struck-down by a Division Bench of this Court in the case of Chandan Kumar Neog and others Vs. State of Assam and others, reported in 2016( 5) GLT 296, as unconstitutional. The petitioner thereafter, filed a writ petition being W.P.(C) No.1689 of 2017 praying for salary at par with the provincialized teachers. However, by the order dated

19.04.2017, the said writ petition was dismissed. The petitioners, thereafter, filed an appeal against the order dated 19.04.2017, which was registered as Writ Appeal No.293 of 2017, and also filed a writ petition being W.P.(C) No.6703 of 2017 challenging the vires of Section 8(2) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017.

¶3Both the Writ Appeal No.293 of 2017 and W.P.(C) No.6703 of 2017 were heard together by a Division Bench of this Court and was disposed of by order Page No.# 5/5 dated 05.03.2019 giving liberty to the petitioner to file representation before the appropriate authority enclosing the materials along with such representation to indicate that the appellants have been discharging their duties. W.P.(C) No.6703 of 2017 was also disposed of as being premature.

¶4In terms of the order dated 05.03.2019 passed in Writ Appeal No.293 of 2017 and W.P.(C) No.6703 of 2017, the petitioners made a representation dated

8.4.2019 before the Commissioner and Secretary to the Government of Assam, Education (Elementary) Department praying for provincialsiation of their services and release of salary, but the said representation has not yet been disposed of by the concerned authorities till date.

¶5Accordingly, the petitioners are directed to file a fresh representation enclosing a copy of this writ petition along with the annexures appended thereto before the Secretary to the Government of Assam, Department of School Education/Respondent No.1, within a period of ten days from today. Thereafter, the Respondent No.1 shall consider and dispose of the appeal to be filed by the petitioners within two months from the date of receipt of the appeal. If the representation dated 8.4.2019 filed by the petitioners has already been disposed of by the concerned authority, the outcome of such consideration shall be communicated to the petitioners forthwith.

¶6With the above observation and direction, this writ petition stands disposed of.

JUDGE Comparing Assistant