Joydeep Dey v. The State of Assam and 6 Ors

ORDER Date : 23.04.2024

Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. S. M. T. Chistie, learned Standing Counsel for the Elementary Education Department appearing for the respondents no. 1, 2, 3 & 4 and Mr. D. K. Roy, learned Standing counsel for the SEBA representing the respondent no. 6. None has appeared for the respondents no. 5 & 7. Page No.# 3/5

¶2The petitioner, by way of instituting the present proceeding has raised a grievance with regard to the action/inaction on the part of the respondent authorities in not considering and accepting the application as submitted by him praying for proceeding on voluntary retirement on medical ground vide his application dated 24.03.2023.

¶3The petitioner herein was appointed as Assistant Teacher on 26.05.1984 in Rash Behari Govt. Junior Basic School. The petitioner, in view of the fact that he had developed certain medical ailments and he being not in a position to continue with his services, proceeded to submit an application before the respondent authorities praying for allowing him to proceed on voluntary retirement w.e.f. 01.02.2023. The said application of the petitioner was forwarded by the Dy. Inspector of Schools, silchar, vide his communication dated 24.03.2023 to the Director of Elementary Education, Assam along with its enclosure which included a medical certificate issued by the Standing Medical Board, Silchar Medical College & Hospital, Silchar, wherein it was certified that the petitioner on account of the multiple ailments as suffered by him was not in a position to perform his regular duties. The requisite certificates as mandated for proceeding the case of the petitioner for voluntary retirement was also enclosed. However, the Director of Elementary Education, Assam vide a communication dated 29.08.2023, on account of certain anomalies detected with regard to the date of birth of the petitioner recorded in his service book and that reflected in his HLSC certificate, proceeded vide communication dated 29.08.2023 to require the Dy. Inspector of Schools, Silchar to clarify the said aspect of the matter. The application as submitted by the petitioner for proceeding on voluntary retirement having not been considered and the requisite permission Page No.# 4/5 accorded, the present proceeding has been instituted.

¶4Pleadings as brought on record would reveal that the respondent authorities have in pursuance to receipt of the application from the petitioner for proceeding on a voluntary retirement had been processing the matter, but, however, no finality to the said issue was so reached.

¶5This Court had required the State respondents to submit their stand in the matter and accordingly, the matter was fixed today. Today, when the matter was taken up for hearing, the learned Standing Counsel for the Elementary Education Department has placed on record an order dated

22.04.2024, issued by the Director of Elementary Education Department, Assam, by which the application of the petitioner for proceeding on voluntary retirement from government services w.e.f. 01.02.2023, on medical ground was accepted and the petitioner was allowed to proceed on voluntary retirement from government services w.e.f. 01.02.2023.

¶6In view of the issuance of the order dated 22.04.2024 and the petitioner herein being permitted to proceed on voluntary retirement from government services w.e.f. 01.02.2023, the relief as sought for in the present proceeding by the petitioner having been granted to him by the State respondents, no further issue arises for consideration in the present proceeding.

¶7Accordingly, the present writ petition is hereby disposed of in terms of the order dated 22.04.2024, issued by the Director of Elementary Education Department, Assam with a further direction that the pension and pensionary benefits as would now be available to the petitioner be so computed and released to the petitioner within a period of 3(three) months from the date of receipt of a certified copy of this order. Page No.# 5/5

¶8The writ petition stands disposed of in the above terms. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010256602023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6615/2023o JOYDEEPoDEYo S/OoLATEoJITENDRAoCHoDEY,oHEADoTEACHER,oRASHoBEHARIoGOVT.o JUNIORoSCHOOL,oR/OoHOUSEoNO.o106,oDEVIoPRASADoROAD,oSILCHAR,o DIST-CACHAR,oASSAM,oPIN-788002 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATIONo(ELEMENTARYoEDUCATION),o DISPUR,oGUWAHATI,oASSAM,oPIN-781006 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI oASSAM oPIN-781019 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oCACHAR oSILCHAR oASSAM oPIN-788003 4:THEoDEPUTYoINSPECTORoOFoSCHOOLS oSILCHAR oCACHAR oASSAM 5:THEoACCOUNTANToGENERAL oASSAMo(AoANDoE)oASSAM Page No.# 2/5 MAIDAMGAON BELTOLA GUWAHATI ASSAM PIN-781029 6:THE BOARD OF SECONDARY EDUCATION ASSAM (SEBA) TO BE REPRESENTED THROUGH ITS CONTROLLER OF EXAMINATION/SECRETARY BAMUNIMAIDAN GUWAHATI ASSAM PIN-781021 7:THE PRINCIPAL NARSING HIGHER SECONDARY SCHOOL SILCHAR DIST-CACHAR ASSAM PIN-78800 Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR