Md. Taj Uddin Laskar v. The State of Assam and 14 Ors

ORDER 11-04-2023 Heard Mr. M. A. Sheikh, learned counsel for the petitioner and Ms. N. Phukan, learned Standing Counsel, Department of School (Elementary) Education for the respondent Nos. 1 and 2. Also heard Mr. S. Bora, learned Standing Counsel, State Council of Educational Research and Training (SCERT), Assam for the respondent No.3 as well as Ms. P. Sarma, learned counsel appearing on behalf of Mr. T. J. Mahanta, learned Senior Counsel and Standing Counsel, APSC for the respondent No.4. Matter pertains to seniority of the petitioner as Senior Lecturer in the District Institute of Education and Training (DIET), Assam. Earlier, the respondents in the SCERT published a Final Gradation List relating to Senior Lecturers of DIET, Assam which was challenged by the petitioner in WP(C) No. 5761/2022 and the Court by order dated 02.09.2022 in the interim, suspended the said Final Gradation List of Senior Lecturers of DIET, Assam published on 26.02.2021.

Now, the respondent authorities in the SCERT vide Notification No.AEE.12/2023/18 dated 18.03.2023 issued a fresh Provisional Draft Gradation List of Senior Lecturers of DIET, Assam showing the position of Senior Lecturers as on

31.01.2023 along with the detail particulars of all concerned, observing that, if any factual error in the provisional Gradation List is found, objections in that regard shall be entertained within a period of 7 (seven) days from the date of issuance of the said Notification providing that no claims and objections will be entertained after the said stipulated time. The petitioner being aggrieved with his seniority position in said Provisional Draft Gradation List of Senior Lecturers of DIET, Assam notified on 18.03.2023, submitted a representation before the Secretary to the Government of Assam in the Department of Page No.# 5/5 School (Elementary) Education, Assam on 20.03.2023 through the Principal in-charge of DIET, Hailakandi and also filed another representation on 29.03.2023, which are yet to be disposed of. As the matter regarding the Final Gradation List of Senior Lecturers of DIET, Assam is subjudiced in WP(C) No. 5761/2022, without entering into the merit of this case, this writ petition is disposed of at the motion stage itself with the direction that before proceeding to publish the Final Gradation List of Senior Lecturers of DIET, Assam, the respondent authorities, more particularly, the Secretary to the Government of Assam in the Department of School (Elementary) Education shall dispose of the representations of the petitioner dated 20.03.2023 as well as 29.03.2023 in accordance with law following the relevant Rules in force and as applicable. Petitioner shall submit a certified copy of this order along with copy of this writ petition including the Annexures appended thereto before the Secretary to the Government of Assam in the Department of School (Elementary) Education obtaining necessary acknowledgment from the said authority in that regard and thereafter, the concerned Secretary shall dispose of the representation of the petitioner within a period of 60 (sixty) days. With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010075252023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1998/2023o MD.oTAJoUDDINoLASKARo S/O-oLATEoMOTOFARoALIoLASKAR,o RESIDENToOFoVILLAGE-oBAHADURPUR,o P.O.-oRANGAUTI,oPIN-o788155,o DISTRICT-oHAILAKANDI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo14oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,o EDUCATIONoELEMENTARYoDEPARTMENT,o DISPUR,oGHY-6. 2:THEoSELECTIONoBOARD oTOoBEoREPRESENTEDoBYoITSoCHAIRMANoCUMoTHEoCOMMISSIONERoAND SECRETARYoTOoTHEoGOVERNMENToOFoASSAM oEDUCATIONoELEMENTARYoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoDIRECTORoOFoSTATEoCOUNCILoOFoEDUCATIONALoRESEARCHoANDo TRAINING oASSAM oKAHILIPARA oGUWAHATI-19. 4:THEoASSAMoPUBLICoSERVICEoCOMMISSION oREPRESENTEDoBYoITSoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oJAWAHARNAGAR oGUWAHATI-29. 5:NIRUPOMAoBARIKoSAIKIA oSR.oLECTURER PageoNo.#o2/5 oDIET oMORIGAON oP.O.-oMORIGAON oDISTRICT-oMORIGAON oPIN-o782105. 6:BIMANoCHANDRAoDUTTA oSR.oLECTURER oDIET oSIVASAGAR oP.O.-oBHOJO oDISTRICT-oSIVASAGAR oPIN-o785691. 7:MRINALoCHOUDHURY oSR.oLECTURER oDIET oBARPETA oP.O.-oHOWLY oDISTRICT-oBARPETA oASSAM oPIN-o785691. 8:RUPoNATHoDAS oSR.oLECTURER oDIET oBONGAIGAON oP.O.-oBONGAIGAON oDISTRICT-oBONGAIGAON oASSAM oPIN-o783380. 9:DEISYoGOGOI oSR.oLECTURER oDIET oKAMRUP oP.O.-oMIRZA oDISTRICT-oKAMRUP oASSAM oPIN-o781125. 10:ANJANoBORAH oSR.oLECTURER oDIET oNAGAON oP.O.-oSAMAGURI oDISTRICT-oNAGAON oASSAM.o Page No.# 3/5 PIN- 782140. 11:ALAKESH DATTA SR. LECTURER DIET NAGAON P.O.- SAMAGURI DISTRICT- NAGAON ASSAM PIN- 782140. 12:ANANTA GOGOI SR. LECTURER DIET JORHAT P.O.- TITABAR DISTRICT- JORHAT ASSAM PIN- 785630. 13:SIMANTA BORTHAKUR SR. LECTURER DIET GOALPARA P.O.- DHUDNAI DISTRICT- GOALPARA ASSAM PIN- 783334. 14:SHARMISTA CHOUDHRY SR. LECTURER DIET CACHAR P.O.- UDHARBOND DISTRICT- CACHAR ASSAM PIN- 788030. 15:KISHORE KUMAR DAS SR. LECTURER DIET MORIGAON P.O.- MORIGAON DISTRICT- MORIGAON ASSAM PIN- 782105 Advocate for the Petitioner : MR. A R BHUYAN Advocate for the Respondent : SC, ELEM. EDU Page No.# 4/5 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK