Dipak Kr. Saikia and 4 Ors v. The State of Assam and 3 Ors

ORDER Date : 03.05.2023 Heard Mr. S.K. Das, learned counsel for the petitioners. Also heard Mr. R. Mazumdar, learned standing counsel for the Elementary Education Department.

¶2In brief, the case of the petitioners is that the petitioner no.1 was appointed on 26.07.1991 in Bherbheri M.E. Madrassa and his service was regularized on 13.04.1999. The petitioner no.2 was appointed on 05.10.1994 in Kachua M.E. School and her service was regularized on 05.05.1999. The petitioner no.3 was appointed on 01.02.1992 in Borjuri M.E. School and her service was regularized on 19.05.1999. The petitioner no.4 was appointed on Page No.# 3/6

02.11.1990 in Bapuji M.E. School and her service was regularized on

19.05.1999. The petitioner no.5 was appointed on 01.11.1991 in Kachua M.E. School and her service was regularized on 05.05.1999.

¶3It is projected that the Elementary Education Department had conducted a screening process pursuant to order dated 02.03.2010 passed by this Court in WP(C) 1048/2004 to find out as to whether there was any irregularly/illegally appointed teachers during the period 1991 to 2001, more particularly in several districts including Nagaon. It is projected that in the screening process, which was undertaken at the district level, divisional level and zonal level, the authorities had arrived at a conclusion that several appointments were made during the period between 1991 to 2001. Some of such appointments were made by the School Managing Committee, some appointments are made against non-existence posts and in certain cases, there are no records of valid appointments. Thereafter, by the impugned order dated

13.07.2018, the Commissioner & Secretary to the Govt. of Assam, Elementary Education Department had directed the Director of Elementary Education, Assam to issue individual show cause notices to 8470 candidates and 766 candidates including 752 terminated teachers in Dhemaji and Lakhimpur districts indicating therein the reasons as to why their appointments are deemed to be illegal/irregular and why they should not be removed from service for being so appointed in violation of the existing rules.

¶4The learned counsel for the petitioners has submitted that in the impugned order dated 13.07.2018, although there was a reference of illegally appointed teachers in Nagaon district, but in the operative part of the said order, the Elementary Education Department proposed steps only in respect of Dhemaji and Lakhimpur districts. It is also submitted that in the said order it is Page No.# 4/6 not reflected that the petitioners in this writ petition were appointed illegally or irregularly.

¶5The learned counsel for the petitioners has emphasized on the contents of the copy of appointment orders and order of regularization of service of the petitioners, which are annexed to the writ petition as Annexure-1 and 2 series. Accordingly, the petitioners have prayed for setting aside and quashing of the order dated 13.07.2018, issued by the respondent no.1 in respect of Nagaon district and for a direction to the respondent authorities to release the pending arrear and current salaries of the petitioners as their services were regularized in the year 1999 and for a further direction to the respondent authorities to permanently absorb the petitioners as Assistant Teachers in their respective schools.

¶6Per contra, learned standing counsel for the respondents has submitted that despite directions contained in the impugned order dated

13.07.2018, due to pendency of this writ petition, no show cause notices were issued to the petitioners. It is submitted that as large scale anomalies were found in appointment of teachers during the period from 1991 to 2001, it is imperative that screening be re-done in respect of the petitioners because in the previous screening process, large scale anomalies have been found in appointment of Assistant Teachers in various schools.

¶7On a query of the Court, the learned standing counsel for the respondents has submitted that if the Court permits the respondent authorities to go ahead with the direction contained in the order dated 13.07.2018, the department would be bound to complete the process in a time bound manner, subject to condition that the petitioners shall cooperate with the exercise to be undertaken by the Director of Elementary Education, Assam. Page No.# 5/6

¶8On query made to the learned counsel for the petitioners, he also expresses that the petitioners would cooperate with the exercise to be undertaken by the respondent authorities, subject to condition that the matter be brought to a logical conclusion within a time bound manner and that till a final decision is taken, the authority should not terminate the services of the petitioners. It is submitted that the petitioners are working in their respective schools till date.

¶9In view of the submissions made by the learned counsel for the petitioners as well as the learned standing counsel for the respondents, the Court is inclined to provide that in the event, the Director of Elementary Education, Assam issues individual show-cause notices to the 4 (four) out of 5 petitioners herein, the petitioners would respond to the allegations made against them. In this connection, the learned standing counsel for the Elementary Education Department, upon instruction, has submitted that the petitioner no.3, namely, Kusum Bora has already been adjusted as Tutor after the screening process and accordingly, he has instruction that the show-cause notice would not be issued to the respondent no.3. Accordingly, the respondent authorities are exempted from issuing show-cause notice to the respondent no.3, namely, Kusum Bora and she would not be subjected to the re-screening process.

¶10The said show-cause notices should be issued within the outer period of 4 (four) weeks from the date of receipt of certified copy of this order. The petitioners be given sufficient time of about 4 (four) weeks to submit their show-cause reply and thereafter, the competent authority i.e. the Director of Elementary Education, Assam shall give an opportunity to the petitioners of personal hearing and make an endeavour to dispose of the proceedings arising Page No.# 6/6 out in connection with the proposed show-cause notice within an outer period of 3 (three) months after the petitioners submit their respective show-cause reply.

¶11The respondent authorities including the Director of Elementary Education, Assam is expected to adhere to the time schedule indicated in this order.

¶12Till such time, the decision is taken, including decision for payment of arrear salary and current salary to the petitioners, the Director of Elementary Education, Assam or any other competent authority shall not disturb the petitioners from their service.

¶13With the aforesaid direction, this writ petition stands disposed of.

¶14The learned standing counsel for the respondents shall transmit a downloaded copy of this order to the concerned authorities to bring the order to the notice of the said authority.

¶15It is clarified that this order shall be only qua the present petitioner nos.1, 2, 4 and 5. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010263592018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8294/2018o DIPAKoKR.oSAIKIAoANDo4oORS.o ASSTT.oTEACHER,oBHERBHERIoM.E.oMADRASSA,oP.O.oDHUPAGURI,oDIST.o NAGAON 2:oDIPALIoBORA oASSTT.oTEACHER o oKACHUAoMEoSCHOOL oP.O.oKACHUAoDIST.oNAGAON 3:oKUSUMoBORA oASSTT.oTEACHER oBORJURIoM.E.oSCHOOL oP.O.oBORJURIo DIST.oNAGAON. 4:oDIPIKAoDAS oASSTT.oTEACHER oBAPUJIoM.E.oSCHOOL oGENDHALI oP.O.oSAMAGURI oDIST.oNAGAON 5:oPURABIoKAKATI oASSTT.oTEACHER oKACHUAoM.E.oSCHOOL o oP.O.oKACHUAoDIST.oNAGAOo VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o EDUCATIONo(ELEMENTARY)oDEPARTMENT,oDISPUR,oGUWAHATIo-06. Page No.# 2/6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI -19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON DIST. NAGAON ASSAM. 4:THE DEPUTY INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE NAGAON Advocate for the Petitioner : MR. S K DAS Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA