Ripunjit Dutta v. The State of Assam and 6 Ors

ORDER Date : 16.12.2024

¶1Heard Mr. R.C. Saikia, learned senior counsel, assisted by Ms. K. Saikia, learned counsel for the petitioner. Also heard Mr. B. Deori, learned Government Advocate, for the respondent No. 1; Mr. S. Das, learned standing counsel, Higher Education Department, for the respondent No. 2, 3 & 5 and Mr. B. Gogoi, learned standing counsel, Finance Department, for the respondent No. 4.

¶2The petitioner initially joined as an LDA in the Sonari Commerce College, Charaideo district after undergoing the selection process on 01.04.2011. Since the date of his joining, the petitioner has been continuously serving as LDA in the said college. As the service of the petitioner was not provincialised, a pleader's Notice dated 13.05.2020 was served on the Director of Higher Education, Government of Assam. However, till date, the said pleader's notice has not been replied with. Accordingly, the petitioner has filed the present writ Page No.# 3/3 petition praying for a direction to the respondents to provincialise the service of the petitioner as LDA in Sonari Commerce College, Charaideo district.

¶3A consideration of the materials on record would reveal that the pleader's Notice was sent as early as on 13.05.2020. Accordingly, the petitioner is directed to file a fresh representation taking all relevant grounds for provincialisation of his service before the Director of Higher Education, Assam within a period of 2 (two) weeks from today. Thereafter, the Director of Higher Education, Assam, on receipt of the representation to be filed by the petitioner, shall consider and dispose of the same by a speaking order and in accordance with law within a period of 1 (one) month from the date of receipt of the representation of the petitioner.

¶4With the aforesaid observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010169312023 ooooooo 2024:GAU-AS:12718 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4458/2023o RIPUNJIToDUTTAo SONoOFoSRIoKAMALoDUTTA,oSONARIoTHUKUBILoSATRA,oP.O.oSONARI,o DISTRICT-oCHARAIDEO,oASSAM,oPIN-o785690 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDISPUR,oGUWAHATI-o781006 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oEDUCATIONo(HIGHER)oDEPARTMENT oDISPUR oGUWAHATI-o781006 3:THEoCOMMISSIONERoANDoSECRETARY oEDUCATIONo(HIGHER)oDEPARTMENT oGOVERNMENToOFoASSAM oDISPUR oGUWAHATI-o781006 4:THEoCOMMISSIONERoANDoSECRETARY oFINANCEoDEPARTMENT oGOVERNMENToOFoASSAM oDISPUR oGUWAHATI-o781006 5:THEoDIRECTORoOFoHIGHERoEDUCATION oKAHILIPARA oGUWAHATI-19 oASSAM Page No.# 2/3 6:INSPECTOR OF COLLEGE DIBRUGARH PIN NO. 785676 ASSAM 7:SONARI COMMERCE COLLEGE CHARAIDEO ASSAM REPRESENTED BY ITS PRINCIPAL DISTRICT- CHARAIDEO ASSAM PIN- 78569 Advocate for the Petitioner : MR. R C SAIKIA, MS. N DEY,MS. K SAIKIA Advocate for the Respondent : GA, ASSAM, SC, HIGHER EDU,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR