Anupama Devi v. The State of Assam and 4 Ors

O R D E R

16.08.2024

Heard Mr. S.K. Goswami, learned counsel for the petitioner. Also heard Mr. U. Sharma, learned Standing Counsel, Secondary Education Department, Government of Assam, for respondent No1; Mr. A. Chaliha, learned Standing Counsel, Finance Department, Government of Assam, for respondent No.2 and Mr. B. Choudhury, learned Standing Counsel, BTC, for respondent Nos.3, 4 and

5.

¶2Pursuant to the order, dated 26.06.2003, passed by this Court in WP(C) No.1026/2023, the Director of Education, BTC, Kokrajhar, passed an Order on

27.07.2023 by allowing the petitioner to temporarily hold the post of in-Charge Principal of Barama Higher Secondary School, Barama vide Shri Bharat Chandra Talukdar till regular Principal is made and the said Shri Bharat Chandra Talukdar was reverted to his original post of posting in the said School. The petitioner, accordingly, joined as in-Charge Principal of Barama HS School on 29.07.2023. Thereafter, the petitioner made an application praying for appointment as full-fledged Principal of Barama HS School, which was forwarded to the Director of Education, BTC, Kokrajhar by the Secretary, BTC, Kokrajhar by a Communication on 05.07.2024. In the said Communication, the Director of Education, BTC, Kokrajhar was also requested to submit proposal by observing all formalities as Page No.# 3/3 per Government Rule at an early date for further necessary action. The petitioner again made an application on 03.08.2024 before the Secretary, Education Department, BTC, Kokrajhar for appointment as regular Principal of Barama HS School. It is the case of the petitioner that she would be superannuating with effect from 31.08.2024.

¶3Learned counsel for the petitioner submits that as the petitioner will be retiring on 31.08.2024, a direction may be issued to the Secretary, Education Department, BTC/respondent No.3 to consider the representation made by the petitioner on 03.08.2024 at an early date and dispose of the same by a speaking order.

¶4Mr. B. Choudhury, learned Standing Counsel, BTC, has no objections.

¶5Accordingly, this writ petition is disposed of directing the respondent No.3 to consider the representation dated 03.08.2024 made by the petitioner for appointment as regular Principal of Barama HS School and dispose of the same by a speaking order and in accordance with law within a period of one week from the date of receipt of a copy of the order of this Court.

¶6With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010162292024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4101/2024o ANUPAMAoDEVIo W/OoSRIoBASANTAoKUMARoSARMAo RESIDENToOFoNIZoJULUKIoBARAMA,oMOUJAoNAMATI,oDISTRICT-oBAKSA,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATION,oDISPURoGUWAHATIo781006 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoSECRETARY oEDUCATIONoDEPARTMENT oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oPIN-o783370 4:THEoDIRECTORoOFoEDUCATION oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oPIN-o783370 5:THEoINSPECTORoOFoSCHOOLS oBAKSAoDISTRICToCIRCLE oMUSHALPUR oPIN-o78137o Page No.# 2/3 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA,MR N SARMA Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE DEPTT.,SC, BTC BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR