Mukti Rani Namosudra v. The State of Assam and 5 Ors

ORDER 21-06-2023 Heard Shri S. C. Biswas, learned counsel for the petitioner. Also heard Shri B. Kaushik, learned Standing Counsel, Elementary Education Department and Shri J. M. Sulaiman, learned counsel for the respondent no. 5. Ms. P. Das, learned counsel has appeared for the SSA.

¶2Considering the subject matter and the developments which has taken place during the pendency of this writ petition which is pending since the year 2018, the same is taken up for disposal at the admission stage.

¶3The case projected is that the petitioner was engaged as a Cook in the 191 No. Deshabandhu Memorial L. P. School, Keutkona in the district of Karimganj in the year 2006. She has rendered her service without salaries for the initial 5 years. The allegation is that the wife of the President of the School who had never discharged her duties as a Cook had however put her signature in the Attendance Register and the petitioner was deprived of from putting her signature in spite of rendering her service. There were litigations earlier being WP(C) No. 589/2017 in which this Court had passed an order dated 03.02.2017 directing the authorities to consider the grievance Page No.# 3/4 of the petitioner and pass appropriate orders. There were also two contempt proceedings being Cont. Cas(C) No. 447/2017 and Cont. Cas(C) No. 53/2018 whereafter, the petitioner was allowed to discharge her duties and her salaries were also paid.

¶4Shri S. C. Biswas, learned counsel for the petitioner however submits that though at the time of filing of the writ petition, she was not allowed to function her duties, subsequently, the said grievance has been redressed and the petitioner was subsequently allowed to function as a Cook and is also being paid the salaries. However, she is not allowed to sign in the Attendance Register. The learned counsel further informed this Court that as per instructions received, the School is presently without a School Managing Committee and is under the Supervisor of a Head Master.

¶5Shri B. Kaushik, learned Standing Counsel of the Department submits that the grievance of the petitioner has been substantially redressed and accordingly the writ petition may be closed. He however, does not object to the prayer that the issue regarding signing of the Attendance Register may be directed to be considered and resolved.

¶6The aforesaid submission is also endorsed by Ms. P. Das, learned counsel for the SSA.

¶7Shri Sulaiman, learned counsel for the respondent No. 5 submits that the said respondent No. 5 was the President of the State Level Committee (SLC) which however is not functioning as on date and therefore he would not have much role in this case.

¶8In view of the aforesaid facts and circumstances and also the development noted above that the petitioner is discharging her duties as a Cook in the aforesaid School and also being paid her salaries, the Head Master of the School would look into the Page No.# 4/4 matter for allowing the petitioner to sign in the Attendance Register if the assertion made by the petitioner that she is discharging her duties is correct.

¶9With the aforesaid direction, writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010046512018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1434/2018o MUKTIoRANIoNAMOSUDRAo D/O.oBINODoNAMASUDRA,oR/O.oVILL.oKEUTKUNA,oP.O.oSINGRAoBAZAR,o P.S.oNILAMoBAZAR,oDIST.oKARIMGANJ,oASSAM,oPIN-788719 VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o THROUGH-oTHEoSECRETARY,oTOoTHEoGOVT.oOFoASSAM,oEDUCATIONo (ELEMENTARY)oDEPARTMENT,oDISPUR,oGUWAHATI-781006 2:THEoMISSIONoDIRECTOR oASSAMoSARVAoSIKSHAoABHIJAN oKAHILIPARA oGUWAHATI-781019 3:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oKARIMGANJo-CUMoDISTRICToCOORDINATOR oSSA oKARIMGANJ oP.O.oANDoDIST.oKARIMGANJ oASSAM. 5:ABDULoKALAM oPRESIDENT oSCHOOLoMANAGINGoCOMMITTEE o191oNO.oDESHABANDHUoMEMORIALoL.P.oSCHOOL oKEUTKONA oDIST.oKARIMGANJ oASSAM. Page No.# 2/4 6:THE HEAD TEACHER/ SECRETARY SMC 191 NO. DESHABANDHU MEMORIAL L.P. SCHOOL KEUTKONA DIST. KARIMGANJ ASSAM Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI