Gauhati High Court
Ajit Pegu vs The State Of Assam And 8 Ors on 17 March, 2021
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/4
GAHC010034862021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1306/2021
AJIT PEGU
S/O SRI LATE BIRU PEGU, R/O VILL.SILOMUGURI, JENGRAI, P.O. RAITING,
DIST. DHEMAJI, PIN 787057, ASSAM.
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GUWAHATI 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI 19
3:THE DEPUTY COMMISSIONER
DHEMAJI DIST.
DHEMAJI
PIN 787057
4:THE DIST. ELEMENTARY EDUCATION OFFICER
DHEMAJI DIST.
DHEMAJI
PIN 787057
5:INSPECTOR OF SCHOOLS
DHEMAJI DIST.
DHEMAJI
PIN 787057
6:THE BLOCK ELEMENTARY EDUCATION OFFICER
DHEMAJI
DHEMAJI
Page No.# 2/4
PIN 787057
ASSAM.
7:THE SCHOOL MANAGING COMMITTEE
JENGRAI TRIBAL M.E.SCHOOL
SOLMARA
VILL. KAMTE JENGRAI
P.O. RAMYAPUR
DIST. DHEMAJI
ASSAM
PIN 787110
8:THE HEAD MASTER
JENGRAI TRIBAL M.E. SCHOOL
JENGRAI
VILL. KAMTE JENGRAI
P.O. RAMYAPUR
DIST. DHEMAJI
ASSAM
PIN 787110
9:GOBIN DOELY
ASSTT. TEACHER
JENGRAI TRIBAL M.E. SCHOOL
VILL. KAMTE JENGRAI
P.O. RAMYAPUR DIST. DHEMAJI
ASSAM
PIN 78711
Advocate for the Petitioner : MR. J KALITA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
17.03.2021 Heard Mr. J Kalita, learned counsel for the petitioner, Mr. A Phukan, learned counsel for the respondent Nos. 1, 2, 4, 5 and 6 being the authorities in the Elementary Education Department and Mr. B Deori, learned counsel for the respondent No.3 being the Deputy Commissioner, Dhemaji.
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2. The respondent No.9 Sri Gobin Doley was working as an Assistant Teacher in the Jengrai Tribal ME School having been appointed since the year 1994. The Executive Committee of the Jengrai Tribal ME School in its meeting of 12.02.1996 had adopted a proposal that another person Sri Rabin Doley would be appointed as the Headmaster of the school as he has the required qualification. The proposal No.2 of the meeting of 12.02.1996 also provided that the petitioner Sri Ajit Pegu would be appointed to the post of Assistant Teacher of Jengrai Tribal ME School and the respondent No.9 Sri Gobin Doley who otherwise is the brother of Rabin Doley would retire from the post of Assistant Teacher. By another order dated 12.02.1996, the petitioner was appointed as an Assistant Teacher of the school.
3. The petitioner is aggrieved that when the teachers of the Jengrai Tribal ME School were provincialised, the services of Sri Rabin Doley and Sri Gobin Doley were provincialised leaving out the petitioner. The petitioner seeks to make out a case that as per the proposal No.2 of the meeting of the Executive Committee of the school dated 12.02.1996 Sri Gobin Doley was discontinued as an Assistant Teacher, but he was again re-appointed in the year 1998. Accordingly, the re-appointment of the respondent No.9 Sri Gobin Doley would have to be construed to be a fresh appointment and his seniority would be counted only from that date.
4. No material could be produced by the petitioner that the respondent No.9 Sri Gobin Doley was re-appointed in the year 1998 nor any material could be produced that during the intervening period from 12.02.1996 up to the year 1998 Sri Gobin Doley did not function as a Teacher of the school. It being a disputed question of fact, it would be inappropriate for this Court under Article 226 of the Constitution of India to decide the question. Moreover Section 14 of the Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 (in short Act of 2017) provides for an appeal to be filed in case any teacher is aggrieved by any of the orders passed as regards provincialisation under the Act of 2017.
5. Accordingly, this writ petition is disposed of by directing the petitioner to file an appeal under Section 14 of the Act of 2017 before the appropriate authority. The petitioner also refers to the Annexure-F page 34 of the writ petition, which is a document under the signature of the Headmaster of Jengrai Tribal ME School, which shows that the petitioner was Page No.# 4/4 recommended as a language teacher whereas Sri Gobin Doley was not recommended.
6. The appellate authority shall also take note of the said document and give its finding. The appellate authority shall also arrive at its conclusion on the disputed question of fact as to whether Sri Gobin Doley had discontinued his service as an Assistant Teacher of the school from 12.02.1996 up to the point when it is alleged that he was re-appointed in the year 1998. The appeal be given a final consideration within a period of one month from the date of it being filed by the petitioner and the petitioner would be at liberty to take all appropriate grounds that may be available before him under the law and the facts and circumstance of the case.
The writ petition is disposed of with the above terms.
JUDGE Comparing Assistant