Prabin Mahato v. The State of Assam and 8 Ors

JUDGMENT 15-06-2023 Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. A.R. Tahbildar, learned standing counsel, Higher Education Department, representing the respondent Nos. 1 and 2, Ms. R.B. Bora, learned standing counsel, BTC, representing the respondent Nos. 3 and 4 and Mr. P.K. Das, learned counsel for respondent Nos. 8 and 9. Page No.# 3/4

Pursuant to an advertisement dated 26-06-2008, issued by the Secretary, Governing Body, Kalaguru Bishnu Rabha Degree College, calling for applications for filling up the post of Accountant, Library Assistant, Office Assistant and three posts of Grade-IV, the petitioner applied for the post of Grade-IV. The Selection Committee recommended the case of the petitioner along with 5 others for appointment to the post of Grade-IV in Kalaguru Bishnu Rabha Degree College. Thereafter, the petitioner alongwith the respondent Nos. 8 and 9 were selected and given appointment. The petitioner joined the post on 02-03-2010 at 10.25 am, the respondent No. 8 joined the post on the same date, i.e., 02-03-2010 at

10.45 am and the respondent No. 9 joined the post on 02-03-2010 at 10.00 am. The Director of Education, Bodoland Territorial Council, by order dated 17th December, 2019 sanctioned financial grant-in-aid for payment of salary/remuneration to the attached and non-attached staff of four colleges amongst which the name of the college in which the petitioner was serving is shown at Sl. No. 4. The District Level Scrutiny Committee recommended the case of the petitioner and the respondent No. 9 for provincialisation of the services on the basis of initial joining time. The dispute in the present writ petition is with regard to the time of joining to the post of Grade-IV between the respondent No. 9 and the petitioner. However, at this stage, the learned counsel for the petitioner submits that he is not pressing this writ petition against the respondent Nos. 8 and 9 inasmuch as there is already a vacancy of Grade-IV in Kalaguru Bishnu Rabha Degree College due to the demise of one Bishnu Mahato. Drawing the attention of this Court to the additional affidavit filed by the Page No.# 4/4 petitioner in the present writ petition, particularly, to Annexure-VIII, which is the Death Certificate of said Bishnu Mahato, he submits that the case of the petitioner may be adjusted against the said vacancy. Such adjustment/appointment to a vacancy, in my considered opinion should be first considered by the respondent No. 2/Director, Higher Education, Assam. Accordingly, the writ petition is disposed of directing the petitioner to file a representation before the respondent No. 2 by annexing a copy of the writ petition as well as the additional affidavit along with the annexures appended thereto within a period of two weeks from today. Thereafter, on receipt of the representation, the respondent No. 2 shall consider and dispose of the same after verifying all relevant documents in accordance with law within a period of two months from the date of receipt of the representation from the petitioner. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010071922022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2656/2022ooooooooo PRABINoMAHATOo S/OoMAHIMoMAHATO,oR/OoVILL-BENGENABARIoJANGHAL,oDIST- UDLAGURI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oDEPARTMENToOFo(HIGHERoEDUCATION),oDISPUR,oGUWAHATI-6 2:THEoDIRECTOR oHIGHERoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 3:THEoBODOLANDoTERRITORIALoCOUNCIL oREPRESENTEDoBYoTHEoPRINCIPALoSECRETARY oBTR oKOKRAJHAR oASSAM 4:THEoDIRECTORoOFoEDUCATION oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR 5:THEoPRESIDENT oGOVERNINGoBODY oKALAGURUoBISHNUoRABHAoDEGREEoCOLLEGE oORANG oDIST-UDLAGURI oBTC oASSAM oPIN-784114 Page No.# 2/4 6:THE SECRETARY KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG DIST-UDALGURI BTC, ASSAM, PIN-784114 7:THE PRINCIPAL KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG DIST-UDALGURI BTC, ASSAM, PIN-784114 8:PRAFULLA RABHA S/O SRI BHADRESWAR RABHA C/O PRINCIPAL KALAGURU BISHNU RABHA DEGREE COLLEGE ORANG DIST-UDALGURI BTC, ASSAM, PIN-784114 9:JITEN KACHARI S/O LATE GOLAP KACHARI C/O PRINCIPAL KALAGURU BISHNU RABHA DEGREE COLLEGE ORNAG DIST-UDLAGURI BTC, ASSAM, PIN-78411 Advocate for the Petitioner : MR N N UPADHYAYA Advocate for the Respondent : SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR