Gauhati High Court
Tarun Chandra Nath vs The State Of Assam And 7 Ors on 10 March, 2021
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/3
GAHC010044952021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1608/2021
TARUN CHANDRA NATH
S/O DIMBESWAR NATH, R/O VILL. KHAGA, P.O. KHAGA, P.S. PANIGAON,
DIST. LAKHIMPUR, ASSAM, PIN 787052
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, EDUCATION DEPTT. (HIGHER), DISPUR, GUWAHATI 6
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 19
3:THE DEPUTY DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 19
4:THE INSPECTOR OF SCHOOLS
LAKHIMPUR DIST. CIRCLE
DIST. LAKHIMPUR
ASSAM
PIN 787001
5:THE DIST. SCRUTINY COMMITTEE
LAKHIMPUR
REPRESENTED BY ITS CHAIRMAN
DIST. LAKHIMPUR
ASSAM
PIN 787001
Page No.# 2/3
6:THE PRINCIPAL
TELAHI TUWARAM NATH COLLEGE
KHAGA
P.O. KHAGA
DIST. LAKHIMPUR
ASSAM
PIN 787052
7:RUPAK NATH
S/O LATE JALIRAM NATH
R/O VILL. ACHARIKHANA
P.O. SONORDHEKI
DIST. LAKHIMPUR
ASSAM
PIN 787052
8:RANJIT GOSWAMI
S/O LATE TARUN GOSWAMI
R/O VILL. KHAGA
P.O.KHAGA
DIST. LAKHIMPUR
ASSAM
PIN 78705
Advocate for the Petitioner : MR. I H LASKAR
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
10.03.2021 Heard Mr. PK Deka, learned counsel for the petitioner, Mr. K Gogoi, learned counsel for the respondent Nos. 1, 2 and 3 being the authorities in the Higher Education Department of the Government of Assam, Ms. P Chakraborty, learned counsel for the respondent No.4 being the Secondary Education Department of the Government of Assam and Mr. SR Barua, learned counsel for the respondent No.5 being the Deputy Commissioner, Lakhimpur.
Issue notice returnable in four weeks.
Extra copies of the writ petition be furnished to the respective learned counsel within Page No.# 3/3 three days.
Steps for service of notice on the respondent Nos. 6, 7 and 8 be taken by registered post with A/D cards within three days.
As per the staff pattern of Telahi Tuwaram Nath College in the Lakhimpur district, the respondent No.8 Sri Ranjit Goswami was joined as a Library Assistant on 18.12.2008. The petitioner Sri Tarun Chandra Nath was joined as Junior Assistant on 26.06.2010 and the respondent No.7 Sri Rupak Nath also joined as Junior Assistant on 28.06.2010. From the point of view of the date of joining, the petitioner is apparently senior to the respondent No.7 Sri Rupak Nath as Junior Assistant. The respondent No.8 Sri Ranjit Goswami was appointed as Library Assistant. In the aforesaid circumstance, by the impugned order of provincialisation dated 05.02.2021, the respondent No.7 Sri rupak Nath is provincialised as a Junior Assistant and the respondent No.8 Sri Ranjit Goswami is also provincialised as a Junior Assistant although he was appointed in another post of Library Assistant. Being aggrieved, the present writ petition is instituted.
On a prima facie case being made out, considering the balance of convenience and the irreparable loss that the petitioner may suffer, the further effect of provincialisation in respect of the respondent No.7 Sri Rupak Nath and the respondent No.8 Sri Ranjit Goswami be not given until further order.
List the matter after four weeks.
JUDGE Comparing Assistant