Madhab Patgiri and 3 Ors v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010274492023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7070/2023o MADHABoPATGIRIoANDo3oORSo S/O-oLATEoHARIoPATGIRI,oSUB-INSPECTORoOFoSCHOOL,oBAJALIo EDUCATIONoBLOCK,oP.O.-oPATSALA,oDISTRICT-oBAJALI,oASSAM,oPIN-o 781325 2:oJINNAoALOM oS/O-oLATEoKAFILoUDDINoAHMED oINoCHARGEoBLOCKoELEMENTARYoEDUCATIONoOFFICERo(BEEO) oCHAPAR-SALKOCHAoEDUCATIONoBLOCK oP.O.oPATSALA oDISTRICT-oBAJALI oASSAM oPIN-o781325 3:oRABINDRAoKUMARoPATHAK oS/O-oLATEoLABARAMoPATHAK oSUB-INSPECTORoOFoSCHOOLS oKAMRUPo(M) oGUWAHATI oP.O.-oCHATRIBARI oDISTRICT-oKAMRUPo(M) oASSAM oPIN-o781008 4:oKISHORoKUMARoRAJBONGSHI oS/O-oLATEoPUSHPAoRAMoRAJBONGSHI oSUB-INSPECTORoOFoSCHOOL oBHAWANIPURoEDUCATIONoBLOCK oP.O.-oHOWLY oDISTRICT-oBARPETA oASSAM oPIN-o78131o VERSUSo Page No.# 2/3 THE STATE OF ASSAM AND ANR REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-78101 Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : SC, ELEM. EDU

BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

13.12.2023 Heard Mr. M. Khan, learned counsel for the petitioners. The present petitioners, who were initially recruited as Sub Inspector of Schools, on achieving the eligibility for being considered for promotion to the post of Block Elementary Education Officer (BEEO), were so considered and vide Notification dated

15.12.2022, the petitioners were promoted to the post of BEEO. In the said notification, the places of posting of the petitioners were also mentioned. However, the promotions of the petitioners could not be effected in view of the fact that an interim direction was passed by this Court vide order dated 22.12.2022 in WP(C) 8382/2022, by which the promotion of the petitioner Nos.1, 2 and 4 and three others was kept under suspension. The petitioners have by way of instituting the present proceedings, prayed that the promotions effected in their cases be maintained and they be posted against vacant posts in non-BTAD areas. It is stated in the Bar that the writ petition, being, WP(C) 8382/2022 has been withdrawn by the petitioners therein today, i.e. 13.12.2023 and consequently, the interim direction operating therein has also been vacated. Page No.# 3/3 In view of the said position, the bar as existing in giving effect to the promotion of the present petitioners no longer exists and the Notification dated 15.12.2022 in so far as it concerns the petitioners stands revived. Accordingly, the respondent authorities are directed to give effect to the promotion of the petitioners to the post of BEEO in terms of the Notification dated 15.12.2022. The said exercise be completed within a period of 30 (thirty) days from the date of receipt of a certified copy of this order. It is open to the respondent authorities, in the event it is so felt necessary, to change the places of posting of the petitioners. However, it is to be noted that the persons placed below the petitioners having been promoted in terms of the Notification dated 15.12.2022 and the petitioners' promotion not being effected on account of the interim direction passed by this Court, the respondent authorities, while effecting the promotion in case of the petitioners, shall do so w.e.f. the date their juniors were promoted. But the petitioners will not be entitled to any arrears of salary and allowances. The petitioners will be entitled to pay in their promotional posts only from the date of their actual joining. The period from the date on which their juniors have joined till the actual joining of the petitioners, shall be considered for the purpose of notional fixation of pay, seniority etc. The writ petition, accordingly, stands disposed of.

JUDGE Comparing Assistant