Gauhati High Court
Buddhi Ram Kakati And 9 Ors vs The State Of Assam And 4 Ors on 13 October, 2020
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010116632020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3906/2020
1:BUDDHI RAM KAKATI AND 9 ORS.
S/O- LT. JAJNA DHAR KAKATI, R/O- TAMULBARI, P.O. NICHILAMARI, PIN-
784522, DIST.- UDALGURI, ASSAM
2: RUKMINI BHARALI
W/O- BUDDHI RAM KAKATI
R/O- TAMULBARI
P.O. NICHILAMARI
PIN- 784522
DIST.- UDALGURI
ASSAM
3: SAMPAWATI DEKA
W/O- KHAGEN DEKA
R/O- SIMILA
P.O. MAHARIPARA
PIN- 781364
DIST.- BAKSA
ASSAM
4: RAMEN CH. DEKA
S/O- KESHAB CH. DEKA
R/O- TAMULBARI
P.O. NICHILAMARI
PIN- 784522
DIST.- UDALGURI
ASSAM
5: JAYANTA DEKA
S/O- MATI RAM DEKA
R/O- NO. 2 ROWMARI
P.O. THAKURIAPARA
PIN- 784522
DIST.- UDALGURI
Page No.# 2/5
ASSAM
6: AMITABH DEKA
S/O- LT. CHANDRA KANTA DEKA
R/O- RAMCHAJHAR
P.O. MAHARIPARA
PIN- 781364
DIST.- BAKSA
ASSAM
7: LANKESWAR DEKA
S/O- LT. SANTORAM DEKA
R/O- BARIGAON
P.O. NICHILAMARI
PIN- 784522
DIST.- UDALGURI
ASSAM
8: TRAILOKYA CHAKRAVARTY
S/O- KAILASH CHAKRAVARTY
R/O- BARBALISHITHA
P.O. KHOIRABARI
PIN- 784522
DIST.- UDALGURI
ASSAM
9: LAKHI KANTA DEKA
S/O- JANI RAM DEKA
R/O- JAGANNATHJHAR
P.O. MALMURA
PIN- 784522
DIST.- UDALGURI
ASSAM
10: KANAK DEKA
S/O- LT. DADHI DEKA
R/O- NO. 1 ROWMARI
P.O. NICHILAMARI
PIN- 784522
DIST.- UDALGURI
ASSA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY ITS COMM. AND SECY. EDUCATION DEPTT. (SECONDARY), TO
THE GOVT. OF ASSAM, DISPUR-06
Page No.# 3/5
2:THE DY. SECRETARY TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
TO THE GOVT. OF ASSAM
DISPUR-06
3:THE DIRECTOR
SECONDARY EDUCATION
ASSAM KAHILIPARA
GHY-19
4:THE JOINT DIRECTOR
SECONDARY EDUCATION
ASSAM KAHILIPARA
GHY-19
5:THE INSPECTOR OF SCHOOLS
UDALGURI
DIST.- UDALGURI
ASSA
Advocate for the Petitioner : MR. B P BORAH
Advocate for the Respondent : SC, SEC. EDU.
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 13-10-2020 Heard Mr. P. K. Goswami, learned counsel for the petitioners and Mr. D. Saikia, learned Senior counsel assisted by Mr. R. Mazumdar, learned counsel for the State respondents.
The contentions of the petitioners herein are that they are the teaching and non-teaching staff of Pashim Majikuchi Jagannath High School in the District of Udalguri and they are found to be eligible for provincialisation of their services under the provisions of the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011, amended in 2012.
The petitioners also brought to the notice of the Court that the Education Department of the State after verifying their eligibility under the said 2011 Act, forwarded their cases to the Finance Department of the State for necessary approval.
Page No.# 4/5 However, in the meanwhile, the said 2011 Act amended in 2012 was declared as null and void by a Division Bench of this Court by its judgment and order dated 23.09.2016 passed in WP(C) No. 3190/2012 (Chandan Kumar Neog Vs. State of Assam and others) and because of that the final order of provincialisation of the services of the petitioners could not be passed under the said 2011 Act.
Mr. Goswami, learned counsel for the petitioners submits that the issue involved in this writ petition has already been settled by the decision of the Court in WP(C) No. 6804/2017, disposed of on 03.10.2018 as well as in WP(C) No. 9268/2019, disposed of on 17.12.2019.
Mr. Goswami, learned counsel for the petitioners also submits that some other writ petitions involving similar issue as in the present case, being WP(C) Nos. 7634/2019, 8715/2019, 9005/2019, 9268/2019 and 3486/2020 are presently pending for disposal, wherein the Court issued notice to the respondents and in the interim observed that the current salaries of the petitioners, with effect from the date of passing orders in those writ petitions, shall be released by the State respondents to the respective petitioners after making necessary verification. Regarding the issue of entitlement of arrear salaries payable to the petitioners shall be considered in due course. The state respondents are yet to file their affidavit(s) in those matters.
Mr. Goswami, learned counsel for the petitioners submits that as the present petition is similarly placed with the above noted writ petitions, a similar order can be issued protecting the interest of the petitioners.
On the other hand, Mr. D. Saikia, learned Senior counsel for the respondents in the Education Department submits that there is much and unexplained delay on the part of the petitioners in approaching the Court, by this writ petition.
It is also submitted by Mr. D. Saikia, learned Senior counsel that only because of the orders dated 03.10.2018 and 17.12.2019 have been passed in WP(C) No. 6804/2017 and 9268/2019 respectively, the petitioners have approached this Court now, so as to get similar relief. Mr. Saikia, learned Senior counsel further submits that as law point is involved in this case, notice may be issued, but without any interim order.
After considering the submissions of the learned counsels for the parties, the Court is of the view that the matter needs to be heard considering the involvement of legal issues. However, maintainability of this writ petition is kept open and shall be considered at the time of admission of the case.
Issue notice, returnable by 16.11.2020.
Page No.# 5/5 As Mr. R. Mazumdar, learned Standing counsel, Secondary Education Department, Assam has accepted notices on behalf of all the respondent Nos. 1 to 5, no formal notices need to be issued to them.
Petitioners shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. Mazumdar, learned Standing counsel within two days from today.
In the interim, it is provided that the current salaries of the petitioners shall be released at an early date, only after making the necessary verification. The issue of entitlement of arrear salaries by the petitioners shall be considered in due course.
List along with WP(C) 3486/2020 on the returnable date.
JUDGE Comparing Assistant