Nabadwip Nandi v. The State of Assam and 9 Ors

ORDER Date : 13.02.2024

Heard Mr. P. J. Phukan, learned counsel for the applicant. Also heard Mr. P. N. Sarma, learned standing counsel, Education department; Mr. B. Gogoi, learned standing counsel, Finance department and Mr. P. Nayak, learned standing counsel for the BTC.

¶2This Interlocutory Application has been filed praying for modification of the order dated 04.08.2023 passed in WP(C)/4305/2023. The learned counsel for the applicant/writ petitioner submits that in view of order dated 04.08.2023, the petitioner had two prayers in view of the enhancement of age from 60 to 61 years by the appropriate authority in the Education department, Government of Assam. His prayer was not required to be considered. However, in respect of the other prayer seeking promotion, this Court had disposed of the writ petition with the following direction:- "5. In that view of the matter, in the meantime, if the Department is proceeded to promote any employee, who is junior to the petitioner, as would be evident from the gradation list maintained by the Department then the case of the petitioner shall be considered by the Department in respect of his promotion as per the provision of law. In this regard, the petitioner is granted liberty to approach the Department by filing a detailed representation ventilating his grievances in respect of non-consideration of his case for promotion. The petitioner shall file his representation before the Director of Education, BTC within a period of 2 (two) weeks from the date of receipt of a certified copy of this order and the Director of Education, BTC, upon receipt of such representation will look into the matter and after considering all necessary facts shall pass a reasoned speaking order disposing of the said representation. Any such order is passed, a copy of the same shall be furnished to the petitioner. This entire exercise shall be completed before

31.08.2023". Page No.# 5/6

¶3It is submitted by the learned counsel for the petitioner that in the said paragraph the petitioner was directed to file his representation before the Director of Education, BTC and thereafter the said authority will look into the matter and passed a reasoned order.

¶4The submission of the learned counsel for the applicant is that in matters of promotion it is the Secretary of the department, who is the appropriate authority. And therefore instead of Director of Education, BTC the representation is required to be filed before the Secretary to the Government of Assam, Department of School Education, Dispur. It is Opposite party No. 4 in the said Interlocutory Application as the said authority was the appointing authority of the writ petitioner.

¶5The limited prayer in this Interlocutory Application is for modification of the order to the extent of modifying towards Director of Education, BTC appearing in paragraph of the said order to "Secretary to the Government of Assam, Department of School Education, Dispur" .

¶6Mr. P. N. Sarma, learned standing counsel, Education department and Mr. B. Gogoi, learned standing counsel, Finance department and Mr. P. Nayak, learned standing counsel, BTC does not object to the prayer made.

¶7Since no objections are raised by the respective learned standing counsel, this Court is of the view that the limited prayer made in the Interlocutory Application can be allowed.

¶8Accordingly, the petitioner is now permitted to file a fresh representation before the "Secretary to the Government of Assam, Department of School Education, Dispur" within a period of 3 (three) weeks from the date of receipt of a certified copy of this order passed in the Interlocutory Application and the Page No.# 6/6 entire exercise be completed within a period of 30 days from the date of receipt of the representation by the Respondent No.4, Secretary to the Government of Assam, Department of School Education, Dispur.

¶10The order dated 04.08.2023 passed in WP(C)/4305/2023 is modified to the extent indicated above.

¶11This order shall be read together with the order dated 04.08.2023 passed in WP(C)/4305/2023.

¶12Interlocutory Application is accordingly allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010286432023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/383/2024o NABADWIPoNANDIo S/OoLATEoJAGADISHoCH.oNANDI,oP.O.oANDoP.S.-KOKRAJHAR,oDIST- KOKRAJHAR,oASSAM,oPIN-783370 VERSUSo THEoSTATEoOFoASSAMoANDo9oORS.o THROUGHoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GUWAHATI-781006 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVToOFoASSAM oGENERALoADMINISTRATIONoDEPARTMENT oDISPUR oGUWAHATI-781006 oASSAM 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-781006 oASSAM 4:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoSCHOOLoEDUCATION oDISPUR oGUWAHATI-781006 oASSAM 5:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019 Page No.# 2/6 ASSAM 6:THE BODOLAND TERRITORIAL COUNCIL THROUGH THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM 7:THE DIRECTOR OF EDUCATION BTC KOKRAJHAR ASSAM 8:THE DEPUTY COMMISSIONER KOKRAJHAR ASSAM 9:THE DISTRICT ELEMENTARY EDUCATION OFFICER KOKRAJHAR ASSAM 10:THE DEPUTY INSPECTOR OF SCHOOLS KOKRAJHAR ASSA Advocate for the Petitioner : MR. P J PHUKAN Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/4305/2023 NABADWIP NANDI S/O LATE JAGADISH CH. NANDI P.O. AND P.S.-KOKRAJHAR DIST-KOKRAJHAR ASSAM PIN-783370 VERSUS THE STATE OF ASSAM AND 9 ORS. THROUGH THE CHIEF SECRETARY TO THE GOVT. OF ASSAM Page No.# 3/6 DISPUR GUWAHATI-781006 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 4:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 ASSAM 5:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 ASSAM 6:THE BODOLAND TERRITORIAL COUNCIL THROUGH THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM 7:THE DIRECTOR OF EDUCATION BTC KOKRAJHAR ASSAM 8:THE DEPUTY COMMISSIONER KOKRAJHAR ASSAM 9:THE DISTRICT ELEMENTARY EDUCATION OFFICER KOKRAJHAR ASSAM 10:THE DEPUTY INSPECTOR OF SCHOOLS KOKRAJHAR ASSAM ------------ Advocate for : MR. P J PHUKAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 9 ORS. Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA