Gauhati High Court
Parinita Patar vs The State Of Assam And 2 Ors on 22 May, 2023
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/9
GAHC010230782022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7317/2022
PARINITA PATAR
D/O- RATIRAM PATAR, R/O- KAAHIBARI, P.O. BHUMURAGURI,
CHARAIBAHI, MORIGAON, ASSAM, PIN- 782106.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE INSPECTOR OF SCHOOLS
MORIGAON DISTRICT CIRCLE
MORIGAON
DIST. MORIGAON
ASSAM
4:THE FINANCE DEPARTMENT
REPRESENTED BY ITS COMMISSIONER AND SECRETARY
DISPUR
GUWAHATI - 6
Advocate for the Petitioner : MR. S K DAS
Advocate for the Respondent : SC, SEC. EDU.
Page No.# 2/9
Linked Case : WP(C)/7319/2022
DIGANTA DEKA
S/O- NAREN DEKA
R/O- MAHIPAL KUCHI
BALIKUCHI
KAMRUP
ASSAM
PIN- 781381.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE INSPECTOR OF SCHOOLS
DARRANG DISTRICT CIRCLE
DARRANG
DIST. DARRANG.
4:THE FINANCE DEPARTMENT
REPRESENTED BY ITS COMMISSIONER AND SECRETARY
DISPUR
GUWAHATI - 6.
------------
Advocate for : MR. S K DAS
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS.
Linked Case : WP(C)/7357/2022
TULUKAN BHARALI
S/O. SUREN BHARALI
Page No.# 3/9
R/O. BAR BHALUKI
BHALUKI
BAJALI
BARPETA
ASSAM. PIN-781371.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPTT.
DISPUR
GUWAHATI-06.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA GUWAHATI-19.
3:THE INSPECTOR OF SCHOOLS
BARPETA DISTRICT CIRCLE
BARPETA
DIST. BARPETA.
4:THE COMMISSIONER AND SECRETARY
FINANCE DEPARTMENT
DISPUR
ASSAM.
------------
Advocate for : MR. S K DAS
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WP(C)/7369/2022
SHAHIDUL ISLAM
S/O ATABUDDIN AHMED
R/O KHALONIBIL
BURHABURI
MORIGAON
ASSAM
PIN-782411
VERSUS
Page No.# 4/9
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE INSPECTOR OF SCHOOLS
MORIGAON DISTRICT CIRCLE
MORIGAON
DIST-MORIGAON
4:THE COMMISSIONER AND SECRETARY
FINANCE DEPARTMENT
ASSAM.
------------
Advocate for : MR. S K DAS
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WP(C)/7374/2022
LAKSHI KANTA SARMA
S/O BHUBAN SARMA
R/O VILL- BAGHARAGAON
MORIGAON
ASSAM
PIN-782105
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE INSPECTOR OF SCHOOLS
MORIGAON DISTRICT CIRCLE
Page No.# 5/9
MORIGAON
DIST-MORIGAON
4:THE COMMISSIONER AND SECRETARY
FINANCE DEPARTMENT
ASSAM.
------------
Advocate for : MR. J TALUKDAR
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WP(C)/7246/2022
PABAN RAHANG
S/O- SATYA RAHANG
RESIDENT OF VILLAGE- MITANI NONKE (PART)
P.S.- SONAPUR
SUB-DIVISION- GUWAHATI
DISTRICT- KAMRUP(M)
ASSAM
PIN- 782402.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 19.
3:THE INSPECTOR OF SCHOOLS
KAMRUP DISTRICT CIRCLE
KAMRUP(M)
DIST.- KAMRUP(M).
4:THE FINANCE DEPARTMENT
Page No.# 6/9
REPRESENTED BY ITS COMMISSIONER AND SECRETARY
DISPUR
GUWAHATI - 6.
------------
Advocate for : MR. S K DAS
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : WP(C)/7684/2022
MUKUL SARMA
S/O- AMBIKA PRASAD SARMA
BARBHAG
NALBARI
ASSAM
PIN- 781325
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE SECY. TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPTT.
DISPUR
GHY-6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE INSPECTOR OF SCHOOLS
NALBARI DISTRICT CIRCLE
NALBARI
DIST.- NALBARI
4:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF FINANCE
DISPUR
GHY-6
5:ASSAM HIGHER SECONDARY EDUCATION COUNCIL
REP. BY SECRETARY
BAMUNIMAIDAN
GHY.
------------
Advocate for : MR. S K DAS
Advocate for : SC
Page No.# 7/9
SEC. EDU. appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WP(C)/7711/2022
PARESH BEZBARUAH AND ANR
S/O- DHARMESWAR BEZBARUAH
RESIDENT OF NALBARI TOWN
WARD NO. 10
NALBARI
ASSAM
PIN- 781335.
2: NIZAM UDDIN AHMED
S/O- MASEB ALI
RESIDENT OF SIMALIYA
MULARKUCHI
NALBARI
ASSAM
PIN- 781303.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 19.
3:THE INSPECTOR OF SCHOOLS
NALBARI DISTRICT CIRCLE
NALBARI
DIST.- NALBARI.
------------
Advocate for : MR. S K DAS
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS.
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BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 22.05.2023 Heard Mr. S. K. Das, the learned counsel appearing on behalf of the petitioners and Mr. N. J. Khataniar, the learned Standing counsel appearing on behalf of the respondent Nos. 1, 2 and 3. I have also heard Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the respondent No.4.
2. Issue notice making it returnable on 19.07.2023.
3. As the respondents are duly represented by their respective learned counsels, extra copies of the writ petition be served upon them by 24.05.2023.
4. The case of the petitioners in all the writ petitions is that vide separate orders, the services of the petitioners have been provincialized in the name of the Governor of Assam. However, without issuing any notice whatsoever, the Director of Secondary Education by separate communications issued to the concerned Inspector of Schools had directed to stop payment of the salary/remuneration to the petitioners. Being aggrieved, the petitioners are before this Court.
5. The primary contention of the petitioners herein is that when the order of provincialization has already been passed by the State Government, without the cancellation of the order of provincialization, the Director of Secondary Education has no jurisdiction or authority to stop the salary of the petitioners. It is also the further contention of the petitioners that once the order of Page No.# 9/9 provincialization has already been passed unless and until the order of provincialization has been set aside in accordance with law, the authorities cannot deprive the petitioners from the benefits on the basis of provincialization.
6. The respondents are directed to file their affidavits on or before 17.07.2023. On the next date, this Court would further take into consideration the prayer of the petitioners relating to release of the salary.
7. List accordingly.
JUDGE Comparing Assistant