Gauhati High Court
Ranjoy Saha vs Govt Of Assam And 9 Ors on 26 April, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010075742023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2154/2023
RANJOY SAHA
S/O- LATE PARITOSH SAHA, R/O- TRK ROAD, NAGAON, P.O AND DIST-
NAGAON, ASSAM, PIN-782001
VERSUS
GOVT OF ASSAM AND 9 ORS
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION
DEPARTMENT
DISPUR, GUWAHATI-6
2:THE DIRECTOR HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE GAUHATI UNIVERSITY
REPRESENTED BY ITS REGISTRAR
GAUHATI UNIVERSITY
GUWAHATI-781014
4:GOVERNING BODY
NOWGONG GIRLS COLLEGE
NAGAON
REP. BY ITS PRESIDENT
PIN-782002
5:THE PRINCIPAL
NOWGONG GIRLS COLLEGE
NAGAON
PIN-782002
6:DR. SANJAY BHATTACHARJEE
ASSOCIATE PROFESSOR BENGALI DEPTT.
Page No.# 2/5
GAUHATI UNIVERSITY
JALUKBARI
GUWAHATI
PIN-781013
7:DR. SANJAY DE
ASSOCIATE PROFESSOR
SUBJECT TEACHER OF BENGALI DEPTT.
NOWGONG COLLEGE
NAGAON
ASSAM
PIN-782001
8:PROF. RITA KALITA
EX VICE PRINCIPAL AND HOD OF STATISTICS
NOWGONG GIRLS COLLEGE
NAGAON
ASSAM
PIN-782002
9:DR. RITA RANI DEY
ASSTT. PROFFESSOR
BENGALI DEPARTMENT
NOWGONG GIRLS COLLEGE
NAGAON
ASSAM
PIN-782002
10:PROF KALPANA BHATTCHARYA
VICE PRINCIPAL AND HOD OF STATISTICS
NOWGONG GIRLS COLLEGE
NAGAON
ASSAM
PIN-78200
Advocate for the Petitioner : MR. D K BAGCHI
Advocate for the Respondent : SC, HIGHER EDU
Page No.# 3/5
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
26-04-2023 Heard Mr. C. Choudhury, learned Senior Counsel, assisted by Mr. D. K. Bagchi, learned counsel for the petitioner and Mr. K. Gogoi, learned Standing Counsel, Higher Education Department for the respondent Nos. 1 and 2. Also heard Mr. P. J. Phukan, learned Standing Counsel, Gauhati University for the respondent No.3.
2) The petitioner served as an Assistant Professor of Bengali in Nowgong Girls' College, Nagaon since 28.05.2007 on fixed pay, for a period of 2 years. After completion of said period of 2 years, the Director of Higher Education, Assam by an order dated 20.05.2009 regularised the service of the petitioner as Lecturer of Bengali in said Nowgong Girls' College, Nagaon w.e.f., 01.05.2009, placing him against a valid sanctioned post allowing him to draw regular Scale of Pay.
3) Since, 2007 though the petitioner completed almost 16 years of service and 15 years of service after regularisation of his service since 01.05.2009, but disregarding his seniority and better claim, the authorities of said Nowgong Girls' College, Nagaon illegally and in violation of the relevant provisions of the UGC Regulation, 2010 as well as 2013 did not grant him the benefit of Career Advancement Scheme (CAS) promoting him from Stage-II to Stage-III and thereafter, Stage-IV. Hence, this writ petition.
4) Though the petitioner was promoted to Stage-II under the said UGC Regulation, 2010 on 27.05.2013, since then, the respondent authorities in the Nowgong Girls' College, Nagaon did not conduct any DPC for the petitioner for Page No.# 4/5 his promotion to the next higher stages, but at the same time, considered the case of the respondent No.9, who is much junior to him as well as one Dr. Hemlata Kherketta, who was earlier in the said college, but has now left the said College.
5) Issue notice, returnable by eight weeks. 6) As Mr. K. Gogoi, learned Standing Counsel, Higher Education Department
and Mr. P. J. Phukan, learned Standing Counsel, Gauhati University have accepted notices on behalf of the respondent Nos. 1 and 2; 3 respectively, no formal notices need be issued to those respondents.
7) Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto to Mr. K. Gogoi, learned Standing Counsel, Higher Education Department and Mr. P. J. Phukan, learned Standing Counsel, Gauhati University on or before 28.04.2023 obtaining necessary acknowledgments from them in that regard.
8) Petitioner shall also take steps for service of notice on the respondent Nos. 4, 5, 6, 7, 8, 9 and 10 by Registered post with A/D on or before 28.04.2023 providing their correct and proper addresses with requisite postal stamps.
9) In addition to the above, the petitioner is also allowed to take steps for service of notice on the respondent Nos. 4, 5, 6, 7, 8, 9 and 10 by Dasti/Personal service to be routed through the Registry of this Court. Such Dasti/Personal service shall be made by the petitioner on the respondent Nos. 4, 5, 6, 7, 8, 9 and 10 obtaining their signatures with the date in presence of one or more witnesses. Thereafter, the petitioner shall file an affidavit towards completion of such Dasti/Personal service on those respondents.
10) On the returnable date, the respondent Nos. 4 and 5, the Governing Body Page No.# 5/5 of Nowgong Girls College, Nagaon as well as the Principal of said Nowgong Girls College, Nagaon shall apprise the Court as to why the petitioner has not given the benefit of CAS under the UGC Regulation, 2010 after placing him in Stage-II on 27.04.2013.
11) Pendency of this writ petition shall not be a bar for the respondent authorities, more particularly, the authorities of Nowgong Girls College to consider the case of the petitioner to place him in the Stage-III and Stage-IV under the 2010 and 2013 UGC Regulations as per his due entitlement.
12) Any promotion of the respondent No.9 above the petitioner shall be subject to the outcome of this writ petition.
13) List accordingly.
JUDGE Comparing Assistant