Bharati Hazarika v. The State of Assam and 2 Ors

ORDER

21-03-2023 Heard Mr. B. D. Das, learned Senior Counsel, assisted by Mr. H. R. Das, learned counsel for the petitioner and Mr. SMT Chistie, learned Standing Counsel, Department of School Education for the respondent Nos. 1 to 3.

¶2Pursuant to the order dated 13.03.2023, the Director of Non-Formal & Adult Education, Assam vide communication dated 17.03.2023 through Mr. SMT Chistie, learned SC, Department of School Education apprised the Court that the petitioner was promoted to the post of Assistant Director on 21.01.2014 and since then, she has been rendering service in the said capacity till date.

¶3It is also placed before the Court that the petitioner shall retire from service on

30.07.2023 as she is going to attain the age of superannuation at 60 years.

¶4As per the provisions, in the month of January of every year, the cases of Government employees who have completed 10 years of service in the previous Calendar year is considered for one financial benefit and that the petitioner as an Assistant Director of Non-Formal & Adult Education, Assam will complete 10 years of continuous service on 20.01.2024. As such, on completion of continuous service for a period of 10 years in the post of Assistant Director, the petitioner will be eligible for such financial benefit as prescribed under the guidelines of Modified Assured Career Progress Scheme (MACPS) issued vide Government Notification No.FPC/12/2017 dated

19.03.2019.

¶5Pertaining to her promotion to the post of Deputy Director of Non-Formal & Adult Education, Assam, the Director of Non-Formal & Adult Education, Assam by the said communication dated 17.03.2023 also apprised the Court that petitioner's said Page No.# 3/5 prayer is to be considered at the Government level considering the length of her service in the same post of the petitioner as she is the senior most Assistant Director of the Department concerned.

¶6It is submitted by Mr. Das, learned Senior Counsel for the petitioner that though there is no specific Rule for the Department of Non-Formal & Adult Education, Assam but pertaining to the Revisions of Pay Rules, for determining the salary of the persons rendering their services in the Department of Non-Formal & Adult Education, Assam, the Education Service Rules, 1982 is followed.

¶7Assam Education Service Rules, 1982, is a statutory Rule framed under Article 309 of the Constitution of India regulates the recruitment and conditions of service of persons appointed to the Assam Education Service.

¶8Rule 3 of said 1982 Rules relates to Class and Cadre.

¶9Rule 3(1)(a)(xvi) of said 1982 Rules prescribes Assistant Director, Vocational Guidance.

¶10Rule 3(1)(a)(viii) provides for Deputy Director of Public Instruction/Deputy Director, Elementary Education/Deputy Director of Adult Education/Inspector of Schools.

¶11Rule 5 of said 1982 Rules provides for method of recruitment. Rule 5 (3) (a) of said 1982 Rules stipulates as follows:-- "(3) Recruitment to all other posts of the service shall be made :

(a) by direct recruitment up to 75 per cent with qualification prescribed? under Rule 8 in the cadre of Dy. Director and by promotion up to 25 per cent in the cadre of Dy. Director from the select list of Assistant Inspector/Assistant Inspectress of Schools and Assistant Directors, Vocational Guidance and Assistant Directors, Planning and Co-ordination having five years experience in the post and possessing at least Second Class Masters Degree."

¶12Mr. SMT Chistie, learned Standing Counsel, Department of School Education, on being enquired submitted that Non-Formal & Adult Education, Assam is under the Page No.# 4/5 jurisdiction of the Secretary, Department of School (Secondary) Education.

¶13After hearing the learned counsels for the parties, considering the entire aspect of the matter and the relevant communication dated 17.03.2023 of the Director of Non-Formal & Adult Education, Assam placed before the Court today by Mr. SMT Chistie, this writ petition is disposed of directing the petitioner to submit a representation along with a certified copy of this order, a copy of this writ petition including the annexures appended thereto and copy of the communication dated

17.03.2023 of the Director of Non-Formal & Adult Education, Assam with her full details including address, Phone/Mobile Number, E-mail address etc., before the Secretary, Department of School (Secondary) Education forthwith to consider her case for promotion to the post of Deputy Director in any of the concerned Directorate as per her eligibility and entitlement being the senior most Assistant Director of the Non-Formal & Adult Education, Assam obtaining necessary acknowledgement from the said authority in that regard.

¶14In the event of filing such representation by the petitioner as directed above, the Secretary, Department of School (Secondary) Education shall do the needful and shall dispose of the said representation of the petitioner within a period of forty five days from the date of receipt of the same, to be submitted by the petitioner for her promotion to the post of Deputy Director in any of the concerned Directorate as per her entitlement in accordance with law, subject to fulfillment of the eligibility criteria for the post of Deputy Director in any of the Directorates under the Department of School Education considering the fact that the petitioner on attaining the age of superannuation at sixty years, shall retire from service on 31.07.2023.

¶15The Secretary, Department of School (Secondary) Education shall intimate the petitioner about the outcome of her said representation.

¶16With the above observation and directions, this writ petition stands disposed.

¶17Copy of the communication dated 17.03.2023 placed before the Court by the Page No.# 5/5 Director of Non-Formal & Adult Education, Assam through Mr. SMT Chistie, learned Standing Counsel, Department of School Education be kept as part of the record.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010050092023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1323/2023o BHARATIoHAZARIKAo W/O-oDR.oNIBULoKUMARoGOGOI,oR/O-oH.NO.o4,oBARANoPATH,oLAKHIMIo NAGAR,oHATIGAON,oGUWAHATI,oDIST.-oKAMRUPo(M),oASSAM,oPIN-o781006 VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oSECONDARYo EDUCATIONoDEPTT.,oDISPUR,oGHY-06 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoSCHOOLoEDUCATION oDISPUR oGHY-06 3:THEoDIRECTORoOFoNON-FORMALoANDoADULToEDUCATION oASSAM oJATIA oKAHILIPARAoROAD oGUWAHATI-o78101o AdvocateoforotheoPetitionerooooo:oMRoBoDoDASo AdvocateoforotheoRespondento:oSC,oSEC.oEDU.oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/5 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK