Krishnendu Nath v. State of Assam and 6 Ors

ORDER Date : 19.12.2024

¶1Heard Mr. S. Sahu, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned standing counsel, Elementary Education Department, for the respondent Nos. 1 & 2 and Mr. S. Bora, learned standing counsel, SSA for the respondent Nos. 3, 4 & 5.

¶2While the petitioner was working as a Junior Engineer under Ramkrishna Nagar Block within the Axom Sarba Siksha Abhijan Mission, Karimganj, the District Commissioner-cum-Chairman, Sribhumi District/Respondent No. 4 passed an order on 09.12.2024, by which the petitioner was entrusted to look after the matters related to civil works under North Karimganj Block and the respondent No. 7 was entrusted to look after the civil works with regard to Ramkrishna Nagar Block. The case of the petitioner is that the District Page No.# 3/3 Commissioner-cum-Chairman, Sribhumi district does not have the jurisdiction to pass the order inasmuch as the respondent No. 3/Mission Director, SSA had already issued an order on 11.06.2024 pursuant to the Resolution of the 15th Executive Committee Meeting, which was held on 04.05.2024, which was also subsequently approved by the Government of Assam, Department of School Education that the Mission Director, SSA is the Engaging/Controlling Authority and Disciplinary Authority for the posts of Electronic Data Processor of District and Block, Junior Engineer, Resource Person and LDA-cum-Accountant & Block Accountant. Learned counsel for the petitioner, therefore, submits that as the petitioner is holding the post of Junior Engineer and in view of the Order dated

11.06.2024, the Respondent No. 4 has no jurisdiction to issue the Order dated

09.12.2024. Being aggrieved, the present writ petition.

¶3After hearing the learned counsel for the parties, this writ petition is disposed of directing the petitioner to file a representation before the Mission Director, SSA/Respondent No. 3 within a period of 1 (one) week from today. Thereafter, on receipt of the representation of the petitioner, the Respondent No. 3 shall consider and dispose of the same by a speaking order and in accordance with law within a period of 2 (two) weeks thereafter.

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

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010271572024 ooooooo 2024:GAU-AS:12947 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6794/2024o KRISHNENDUoNATHo S/O-oLATEoKSHIRODoCH.oNATH,o R/O-oSUBHASHoNAGAR,oWARDoNO-o15,oNEARoPWDoCOLONY,oDIST-o KARIMGANJ,oPIN-788710 VERSUSo STATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGUWAHATI-06 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION ooASSAMoKAHILIPARA oGHY-781019 3:THEoMISSIONoDIRECTORo oAXOMoSARBAoSIKSHAoABHIYAN oKAHILIPARA oGUWAHATI-19 4:THEoDISTRICToCOMMISSIONERoCUMoCHAIRMAN oDIST-oKARIMGANJ oPIN-788710 oASSAM 5:THEoADDL.oDISTRICToCOMMISSIONER oANDoDISTRICToMISSIONoCOORDINATOR oSSA DIST-oKARIMGANJ oPIN-788710 oASSAM Page No.# 2/3 6:THE DISTRICT PROJECT ENGINEER SSA DIST- KARIMGANJ PIN-788710 ASSAM 7:KALYAN PAUL S/O- LATE KRIPESH PAUL P.O- KANISHAIL DIST- KARIMGANJ PIN-788711 ASSAM Advocate for the Petitioner : MR. S SAHU, MR N BARUAH,S SHAHI,MS A ROY Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR