Dhanjyoti Nath v. The State of Assam and 7 Ors

ORDER Date : 25.04.2024

Heard Mr. I. H. Saikia, learned counsel for the petitioner. Also heard Mr. P. Bora, learned Standing Counsel for the Elementary Education Department. Mr. P. Bora, learned Standing Counsel submits that the services of the petitioner was terminated w.e.f. 21.01.2001, in view of the directions as Page No.# 3/3 passed by this Court vide order dated 06.01.2020, in writ petition no. WP(C)/488/2019, wherein this Court has directed for the adjustment of the petitioner against any non-plan vacant post for the purpose of release of his salaries w.e.f. 26.03.1999 to 21.01.2001. On perusal of the said order dated 06.01.2020, it is seen that the directions as passed therein is limited to the purpose of release of salaries w.e.f. 26.03.1999 to 21.01.2001. Mr. I. H. Saikia, learned counsel for the petitioner has however, disputed the above position and has contended that the prayer in the writ petition was for an adjustment against a regular sanction vacant post. However, he also admits in view of the directions as passed by this Court vide order dated 06.01.2020, the said prayer of the petitioner is to be held to have been not considered by this Court. Accordingly, he prays for liberty to withdraw the present writ petition to file an appropriate application seeking review of the order dated 06.01.2020. Given the facts as existing in the matter, the writ petition is permitted to be withdrawn with a liberty reserved to the writ petitioner to file an appropriate application, seeking review of the said order dated 06.01.2020. Accordingly, the writ petition stands dismissed on withdrawal with the liberty as prayed for. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010074972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2048/2024o DHANJYOTIoNATHo S/O-oJOGESWARoNATH,o VILLAGE-oGOROIMARA,o P.O-oDHEKIPARA,o P.S-oSIPAJHAR,oDIST-oDARRANG,oASSAM,oPIN-784145 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATIONo oDISPUR,oGUWAHATI-o781006. 2:THEoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT o oDISPUR oGUWAHATI-788006 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo-o781019. 4:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo-o781019. 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDARRANG Page No.# 2/3 MANGALDAI P.O AND P.S- MANGALDAI PIN-784125 6:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE (DDC) DARRANG MANGALDAI PIN-784125 7:THE BLOCK ELEMENTARY EDUCATION OFFICER SIPAJHAR EDUCATION BLOCK SIPAJHAR PIN-784145 8:THE HEADMASTER OF KHANDAJAN MODEL HIGH SCHOOL P.O- KHANDAJAN DIST- DARRANG ASSAM PIN-78414 Advocate for the Petitioner : MR. I H SAIKIA Advocate for the Respondent : SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR