Uday Kumar Das and 5 Ors v. The State of Assam and 4 Ors

ORDER Date : 18.12.2023

Heard Mr. B.P. Borah, learned counsel for the petitioners and Mr. B. Kaushik, learned counsel for the respondent Nos. 1, 2 and 5, being the authorities in the Secondary Education Department. Also heard Mr. B. Gogoi, learned counsel for the respondent No. 3, being the Finance Department and Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondent No. 4, being the Deputy Commissioner, Dhubri.

¶2The petitioners who are presently working as Grade-IV employees in different provincialised higher secondary schools in the Dhubri district have instituted the present proceeding challenging the Office Memorandum dated

28.09.2021 to the extent that the said Office Memorandum for the purpose of eligibility of a Grade-IV employee for promotion to the Grade-III post of Junior Assistant, requires the Grade-IV employee to be a graduate.

¶3The issue as arising in the present proceeding also arose for consideration in writ petition being WP(C) No. 3283/2022 (Ashutosh Das Vs. the State of Assam and Others) and other analogous matters and this Court vide order dated

24.06.2022 was pleased to dispose of the said writ petitions holding that till making of provisions in the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 in respect of promotional avenues for Class-IV employees in provincialised secondary schools of the State to the Class-III post of Junior Assistant in such schools, the Office Memorandum No. ASE.631/2019/112 dated

28.09.2021 shall remain suspended.

¶4The Hon'ble Court also required the State respondents to do the needful Page No.# 4/4 with the provisions of Assam Secondary Education (Provincialised Schools) Service Rules, 2018, so as to comply with the directions of the Hon'ble Division Bench in the common judgment and order dated 11.09.2019 passed in WP(C) No. 997/2016 and other connected cases. The orders and directions as contained in the order dated 24.06.2022 passed in WP(C) No. 3283/2022 and analogous matters squarely cover the issue arising in the present proceeding and accordingly the following direction is passed: Till making such provisions in the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 in respect of promotional avenues of Class-IV employees of provincialised Secondary Schools of the State to the Class-III post of Junior Assistant in such schools, as directed by the Hon'ble Division Bench on 11.09.2019 in the common judgment and order passed in WP(C) No. 997/2016 and other connected cases, noted above, the impugned Office Memorandum No. ASE. 631/2019/112 dated 28.09.2021 of the State Government in the Secondary Education Department shall remain suspended and/or shall not be given effect.

¶5With the above directions, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010037052023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2006/2023o UDAYoKUMARoDASoANDo5oORSo S/OoLATEoYOURAUGAoDAS,oR/OoWARDoNO.o11,oBAHADURTARY,oDHUBRI,o P.O.-DHUBRI,oDIST-DHUBRI,oASSAM,oPIN-783334 2:oSAHIDURoRAHMAN oS/OoLATEoSAHARoALI oVILLoANDoP.O.-DATARPUR oDIST-DHUBRI oASSAM oPIN-783334 3:oABDULoHUSSAINoSARKAR oS/OoLATEoUMARoALIoSARKAR oVILL-KAIMARIoPARToVII oDIST-DHUBRI oASSAM 4:oSAKIMoUDDINoPRAMANIK oS/OoSHOHIDoALIoPRAMANIK oVILL-NAYERALGAoPToIV oP.O.-NAYERoALGA oDIST-DHUBRI oASSAM oPIN-783348 5:oMDoKHAYBARoALI oS/OoLATEoGHOWAoSHEIKH oVILLoANDoP.O.-BORKAUDA oDIST-DHUBRI oASSAM oPIN-783348 6:oTARANIoKANTAoROY oS/OoLATEoJOTINDRAoROY Page No.# 2/4 VILL-ROUMARI CHAPAR P.O.-CHAPAR DIST-DHUBRI ASSAM PIN-783371 7: BINAY ROY R/O RAMRAYKUTI DIST-DHUBRI ASSAM PIN-78337 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, EDUCATION (SECONDARY), GUWAHATI, DISPUR-06 2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 ASSAM 3:THE FINANCE DEPARTMENT REPRESENTED BY COMMISSIONER AND SECRETARY 4:THE DEPUTY COMMISSIONER DHUBRI DISTRICT CIRCLE DHUBRI ASSAM PIN-783348 5:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI ASSAM PIN-78337 Advocate for the Petitioner : MR B P BORAH Advocate for the Respondent : SC, SEC. EDU. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR