Munindra Kumar Das v. Jimpi Borah and 3 Ors

ORDER 02-06-2023 Heard Shri R. M. Deka, learned counsel for the applicant. Also heard Shri U. K. Nair, learned Senior Counsel assisted by Shri T. Chakraborty, learned counsel for the opposite party/writ petitioner; Shri G. Pegu, learned Standing Counsel, Elementary Education Department; and Shri S. Bora, learned Standing Counsel, SCERT. While IA (C) No. 906/2023 has been filed for impleading the applicant as party respondent No. 4, IA(C) No. 905/2023 has been filed for modification/vacation/alteration of the interim order dated 30.11.2022. The challenge in the connected writ petition is with regard to the final Gradation list of Statistical Assistant of the DIET, SCERT, HQ Establishment and SCERT, Jorhat under the Directorate of SCERT, Assam. The case of the applicant, who has sought impleadment as well as vacation of the interim order is that though his name appears in the final Gradation list of Statistical Assistant, in the meantime, he has been promoted to the post of Research Assistant under the Centrally Sponsored Scheme vide an order dated 24.02.2021 which was much prior to the interim order dated 30.11.2022. Shri Deka, the learned counsel submits that because of the interim order, there is an apprehension of being deprived of his service benefit, in spite of the fact that his position in the final Gradation list was already acted upon and therefore he has prayed for clarification in the aforesaid order. Shri Nair, the learned Senior Counsel for the petitioner submits that the issue involved is a serious one, which would require determination by the Court. He, however, fairly submits that he would not object to the extent that any service benefits which would accrue to the applicant by virtue of serving as a Research Assistant under the Centrally Sponsored Scheme may not be effected by this order. Page No.# 4/4 Shri S. Bora, the learned Standing Counsel, SCERT submits that necessary clarifications may be issued in the interest of justice. Under the aforesaid facts and circumstances, this Court is of the opinion that instead of passing order of impleadment of the applicant in the concerned writ petition, interest of justice would be served if an order is passed clarifying the interim order dated 30.11.2022 which has been done in presence of the parties. In view of the above, it is clarified that the interim order dated 30.11.2022 passed in the writ petition shall not affect the service benefits which may accrue to the applicant, who is discharging his service as a Research Assistant under the Centrally Sponsored Scheme. Both the interlocutory applications are accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010055252021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o LinkedoCaseo:oI.A.(Civil)/905/2023 oooooooooooooooooooInoWP(C)oNo.o7626/2022 MUNINDRAoKUMARoDAS S/OoSRIoDANPATIoDAS oR/OoFATASIL oGANESHPARA oGUWAHATI-781025 oKAMRUP(METRO) oASSAM oVERSUS JIMPIoBORAH W/OoSRIoANKURoSAIKIAoR/OoSANKARDEVoPATHoNEARoKoGoNURSINGoHOME JAILoROADoDIST.oJORHAToASSAMoPIN-785001 2:THEoSTATEoOFoASSAM REPoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAMo EDUCATIONoELEMENTARYoDEPTT.oDISPURoGUWAHATI PIN-781006 o3:THEoDIRECTOR STATEoCOUNCILoOFoEDUCATIONoRESEARCHo SCERT oKAHILIPARA oGUWAHATI-781019 o4:THEoJOINToDIRECTOR STATEoCOUNCILoOFoEDUCATIONoRESEARCH oJORHAToCAMPUS oJORHAT oASSAM Page No.# 2/4 PIN-785001 ------------ Advocate for : MR. K N CHOUDHURY Advocate for : MR. U K NAIR appearing for JIMPI BORAH Linked Case : I.A.(Civil)/906/2023 In WP(C) No. 7626/2022 MUNINDRA KUMAR DAS S/O SRI DANPATI DAS R/O FATASIL GANESHPARA GUWAHATI-781025 KAMRUP(METRO) ASSAM VERSUS JIMPI BORAH AND 3 ORS. W/O SRI ANKUR SAIKIA R/O SANKARDEV PATH NEAR K G NURSING HOME JAIL ROAD DIST. JORHAT ASSAM PIN-785001 2:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION ELEMENTARY DEPTT. DISPUR GUWAHATI PIN-781006 3:THE DIRECTOR STATE COUNCIL OF EDUCATION RESEARCH SCERT KAHILIPARA GUWAHATI-781019 4:THE JOINT DIRECTOR STATE COUNCIL OF EDUCATION RESEARCH JORHAT CAMPUS JORHAT ASSAM PIN-785001 ------------ Advocate for : MR. K N CHOUDHURY Advocate for : MR. U K NAIR appearing for JIMPI BORAH AND 3 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI