Dwijendra Talukder and 67 Ors v. The State of Assam and 3 Ors

ORDER Date : 14.08.2024

¶1Heard Mr. A. Deka, learned counsel for the petitioner.

¶2Also Ms. N. Phukan, learned Standing counsel, Elementary Education Department, appearing for all the respondents.

¶3The petitioners, before this Court, were initially appointed as Assistant Teachers of Lower and Upper Primary Schools by the respective School Management Committee between the years 1989 to 1993. Thereafter, the District Elementary Education Officer, Barpeta, by different orders in the year 1992, gave provisional approval to the appointments of the petitioners. Page No.# 13/17 However, when the schools, in which the petitioners were serving, were provincialised, the names of the petitioners were dropped.

¶4In the meantime, the Govt. of Assam issued a policy decision by way of Notification dated 13.01.2003 issued by the Commissioner and Secretary to the Govt. of Assam, Education Department to streamline the procedure of adjustment of dropped teachers of ME/MEM/MV and High Schools of various districts in the State. The Notification dated 13.01.2003 is reproduced herein below:

"GOVERNMENT OF ASSAM EDUCATION (ELEMNETARY) SECONDARY DEPARTMENT NOTIFICATION ORDERS OF THE GOVERNOR OF ASSAM Dated Dispur, the 13th Jan, 03 No. (C) 26/2002/341/69 in order to streamline the procedure of dropped teachers of ME/MEM/MV and High Schools in various districts in the State the following criteria will be adopted with prospective effect:-

¶1The teachers must have put at least two years of continuous service immediately preceding the taking over of the concerned schools by the Government.

¶2The appointment of dropped teachers must have been duly approved by the concerned District Elementary Education Officer/Inspector of schools.

¶3The appointment of dropped teachers by the Managing Committee must be commensurate with the enrolment of the students in the school at the time of provincialisation. Page No.# 14/17

¶4The school wise norms of number of sanctioned posts to be maintained.

¶5The provincialisation particulars submitted by the then District Elementary Education Officer, Nagaon/Inspector of Schools and in the respective Directorates will be used as reference documents.

¶6Teacher fulfilling the above criteria will be considered for regularisation of their services subject to the availability of sanctioned post in the concerned districts. Sd/- Prem Saran Commissioner & Secretary to the Govt. of Assam, Education Deptt. Dtd. Dispur, the 13th Jan'03."

¶5Thereafter, the Govt. issued an Advertisement dated 06.11.2004 inviting full particulars from the dropped teachers along with necessary documents for the purpose of scrutiny. The Petitioners in response to the Advertisement dated

06.11.2004 submitted the particulars. The Commissioner and Secretary to the Govt. of Assam Education (Elementary) Department issued a Notification dated

10.07.2010 reconstituting the High Power Committee for examination of all pending cases of dropped teachers of LP/ME/MEM/ High School/ Higher Secondary Schools including non-teaching staff under Education (Elementary & Secondary) Department. The said Notification dated 10.07.2010 was modified by another Notification dated 06.03.2017, wherein, it was provided that the Committee will hold its meeting at periodic intervals to examine the cases of dropped teaching and /non-teaching staff of Education (Elementary/Secondary) Department and submits report to the Government. As no steps were taken, despite submitting their relevant documents as provided under the Advertisement dated 06.11.2004, some of the dropped teachers approached Page No.# 15/17 this Court by filing Civil Rule 1571 of 1998 and other batch of Writ Petitions which were disposed of by judgment and order dated 1st of September, 2003 and the relevant portion of the said judgment reads as under : "6. In view of the above, this bunch of cases will stand now disposed of with the following directions :

(i) The cases of the petitioners in each of the cases will be considered in accordance with the norms, criteria and eligibility conditions prescribed by the policy document dated: 13.1.2003 subject to the modification in Condition Nos.1 and 2, as stated above.

(ii) The Chief Secretary to the Government of Assam, shall within 7 days from today, constitute a Committee to examine the cases of the petitioners in the present bunch of cases and such other cases, as may be referred to the said Committee, from time to time, by this Court. As the said Committee will be executing and implementing the policy decision taken by the state, this Court considers it appropriate to leave it to the discretion of the Chief Secretary to the Government of Assam to decide on the composition of the Committee with the suggestion that the Committee may be a high powered Committee consisting of 3 members and the present Secretary to the Government of Assam, Education Department may act as the Member-Secretary.

(iii) The Committee, upon due verification of the cases before it, shall within 6 months from the date of its constitution, prepare district wise lists of "dropped teachers" eligible for regularization in terms of the norms and criteria laid down as per direction No. 1 above. The eligible persons, on being identified, shall be arranged in the district wise lists, in order of seniority.

(iv) Suitable adjustments in the placements assigned in the district wise lists, as may he required upon consideration of such other cases which may be referred to the Committee in the future, shall be made by the Committee.

(v) Appointment against available posts in each district shall be made on the basis of the lists prepared.

(vi) All appointments made would be prospective but will carry the benefit of past services for Page No.# 16/17 the purpose of computation of pensionary benefits.

6.All the writ petitions shall stand closed in terms of the above direction."

¶6Mr. A. Deka, learned counsel for the petitioners, submits that the petitioners have been working as dropped teachers in Barpeta district. Thereafter, the District Elementary Education Officer, Barpeta, by a Communication dated

10.12.2004, submitted the particulars of dropped teachers to the Director of Elementary Education, Assam in response to the Government Advertisement dated 06.11.2004. He also submits that by Notification dated 13.01.2003, the Government has taken a policy decision to streamline the procedure for attachment of dropped teachers and accordingly, in terms of the said policy, a High Power Committee was constituted by Notification dated 06.03.2017. He submits that the High Power Committee is still in existence, however, the case of the petitioners were never placed before the High Power Committee and therefore, the respondents be directed to place the case of the petitioners before the High Power Committee for consideration.

¶7Ms. N. Phukan, learned Standing counsel, Elementary Education Department, submits that the High Power Committee, constituted by the Notification dated 06.03.2017, is still in existence and as the petitioner claim to be dropped teachers, their cases may be placed before High Power Committee for consideration.

¶8After hearing the parties and on consideration of the materials available on record, this Writ petition is disposed of directing the respondent No. 1, 2 and 3 to place the case of the petitioners before High Power Committee constituted by the Notification dated 06.03.2017 for consideration. Page No.# 17/17

¶9Let such exercise be done and completed within a period of 4(four) months from the date of receipt of a copy of the order of this Court. The High Power Committee while considering the case of the petitioners shall also hear the petitioners in person and thereafter pass appropriate orders.

¶10With the above observations and directions, this writ petition stands disposed of.

JUDGE Comparing Assistant

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