Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 8 Ors on 1 April, 2021
Page No.# 1/7
GAHC010259492017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3038/2017
JUBARAJ ADHIKARY and 5 ORS.
S/O- SRI KAPIDUTTA ADHIKARY, R/O- VILL and P.O- NIKASHI, P.S-
BARBARI, DIST- BAKSA, BTAD, ASSAM
2: KISHOR ROY
S/O- SRI JOGESH CHANDRA ROY
VILL- BELGURIPATHAR
P.O- BARIMUKH
DIST- BAKSA
BTAD
ASSAM
3: KALPA PATHAK
S/O- ARABINDA PATHAK
VILL- BELGURIPATHAR
P.O- BARIMUKH
DIST- BAKSA
BTAD
ASSAM
4: PRATIBHA BASUMATARY
W/O- SRI MANI RANJAN BASUMATARY
VILL- PASCHIM BANGNABARI
P.O- MUSHALPUR
DIST- BAKSA
BTAD
ASSAM
5: HUMESWAR BASUMATARY
S/O- LATE PHANINDRA BASUMATARY
VILL- PASCHIM BANGNABARI
P.O- MUSHALPUR
DIST- BAKSA
BTAD
Page No.# 2/7
ASSAM
6: JANAKI RAMCHIARY
D/O- LATE JANTI RAMCHIARY
VILL- ULUBARI
P.O- KAREMURA
DIST- BAKSA
BTAD
ASSA
VERSUS
THE STATE OF ASSAM and 8 ORS.
REPRESENTED BY THE COMMISSIONER and SECRETARY, DEPT. OF
ELEMENTARY EDUCATION, GOVT OF ASSAM, DISPUR, GUWAHATI-781006
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 19
3:THE BODOLAND TERRITORIAL COUNCILBTC
KOKRAJHAR
REPR. BY ITS PRINCIPAL SECRETARY
KOKRAJHAR
BTC
ASSAM
4:THE SECRETARY
BTC
KOKRAJHAR
ASSAM
5:THE DIRECTOR OF EDUCATION
BTC
KOKRAJHAR
ASSAM
6:THE DEPUTY INSPECTOR OF SCHOOLS
TIHU BARAMA
DIST- BAKSA
ASSAM
7:THE DEPUTY INSPECTOR OF SCHOOLS
BAKSA
DIST- BAKSA
ASSAM
Page No.# 3/7
8:THE BLOCK ELEMENTARY OFFICER
BAKSA
MUSHALPUR BLOCK
DIST- BAKSA
9:THE SECRETARY
FINANCE DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI
ASSAM
Advocate for the Petitioner : MR.M DEKA
Advocate for the Respondent : SC, ELEMENTARY EDUCATION
Linked Case : WP(C)/416/2018
OM NATH SARMA
S/O. SRI HARI PRASAD SARMA
ASSTT. TEACHER
SOHBARI L.P. SCHOOL
VILL. CHAULKARA SOHABARI
P.O. NIKASHI
DIST. BAKSA (BTAD)
ASSAM.
2: KAMALA NEPAL
D/O. SRI KUKUNDA NEPAL
ASSTT. TEACHER
ADLA MILAN BAGANPARA L.P. SCHOOL
VILL. BHUTANKHUTI
P.O. BAGANPARA
DIST. BAKSA
B.T.A.D.
ASSAM
3: SRI HAREN DAS
S/O. LT. BHOGARAM DAS
ASSTT. TEACHER
ADLA MILAN BAGANPARA L.P. SCHOOL
VILL. AND P.O. BAGANPARA
DIST. BAKSA
Page No.# 4/7
B.T.A.D.
ASSAM
4: SMT. NAYANMANI DEKA
W/O. SRI TAPAN DAS
ASSTT. TEACHER
SONPUR SHISHU KALYAN L.P. SCHOOL
VILL. AND P.O. SONAPUR
DIST. BAKSA (BTAD)
ASSAM
5: SMT. MEBLI BASUMATARI
C/O. JOGEN BASUMATARY
ASSTT. TEACHER
NO. 672 ADALBARI L.P. SCHOOL
VILL. ADALBARI
P.O. AND P.S. MUSHALPUR
DIST. BAKSA (BTAD)
ASSAM
6: RANJAN RAMCHIARY
C/O. LT. SARBESWAR RAMCHIARY
ASSTT. TEACHER
CHEUNIPAM L.P. SCHOOL
VILL. AND P.O. BARAMA
DIST. BAKSA (BTAD)
ASSAM
7: SMT. BIMALA HALOI
W/O. SRI ARABINDA DAS
ASSTT. TEACHER
THAKURSUPA L.P. SCHOOL
VILL. GARBHITAR
P.O. NIZ-DHAMDHAMA
DIST. BAKSA (BTAD)
ASSAM
8: SRI DILIP BHATTA
S/O. LT. MANIK BHATTACHARYA
ASSTT. TEACHER
PUB-JULUKI L.P. SCHOOL
VILL. JULUKI
P.O. BARAMA
DIST. BAKSA (BTAD) ASSAM
9: MINU KALITA
Page No.# 5/7
W/O. MAHIDHAN KALITA
ASSTT. TEACHER
DEHAGNI L.P. SCHOOL
VILL. AND P.O. PUB-BAIMAKHA
P.S. TIHU
DIST. BAKSA (BTAD)
ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE SECRETARY
GOVT. OF ASSAM
EDUCATION (ELEMENTARY) DEPTT.
DISPUR
GHY.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY.
3:THE BODOLAND TERRITORIAL COUNCIL
REP. BY ITS PRINCIPAL SECRETARY
KOKRAJHAR
P.O. KOKRAJHAR
DIST. KOKRAJHAR
(BTAD)
ASSAM
4:THE SECRETARY OF EDUCATION
BTC
KOKRAJHAR
P.O. KOKRAJHAR
DIST. KOKRAJHAR
BTAD
ASSAM
5:THE JOINT SECRETARY
BODOLAN TERRITORIAL COUNCIL SECRETARIAT
BODOFA NWGWR
EDUCATION (ELEMENTARY) DEPTT.
P.O. AND DIST. KOKRAJHAR (BTAD) ASSAM
6:THE DIRECTOR OF EDUCATION
B.T.C.
KOKRAJHAR
Page No.# 6/7
P.O. KOKRAJHAR
DIST. KOKRAJHAR
(BTAD)
ASSAM
7:THE DIST. ELEMENTARY EDUCATION OFFICER
BAKSA
P.O. MUSHALPUR
DIST. BAKSA (BTAD) ASSAM
8:THE DY. INSPECTOR OF SCHOOLS
BAKSA MUSHALPUR
DIST. BAKSA (BTAD) ASSAM
9:THE BLOCK ELEMENTARY EDUCATION OFFICER
TAMULPUR BLOCK
P.O. TAMULPUR
DIST. BAKSA
(B.T.A.D.) ASSAM
10:THE BLOCK ELEMENTARY EDUCATION OFFICER
BAKSA BLOCK
P.O. MUSHALPUR
DIST. BAKSA
(B.T.A.D.) ASSAM
11:THE COMMISSIONER OF FINANCE
GOVT. OF ASSAM
DISPUR
P.O. DISPUR
GHY.
------------
Advocate for : MR. P SARMAH
Advocate for : SC
ELEMENTARY EDU. appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
01.04.2021
Heard Mr. DK Roy, learned counsel for the petitioner. Also heard Ms. RB Bora, learned counsel for
the authorities under the BTC and Mr. A Chaliha, learned counsel for the Finance Department,
Government of Assam.
Page No.# 7/7
2. The petitioners' claim their salary and allowances for the services rendered as teachers under
the authorities of the Education Department, BTC. Earlier the engagement of the petitioners stood
terminated by some order of the authorities under the BTC against which the judgment dated
06.02.2015 in WA No.182/2013 was passed by which the authorities in the BTC had given an
undertaking to take back the petitioners in service. Thereafter, an issue had arisen between the
authorities in the BTC and the Finance Department of the Government of Assam as to from where the
salary and allowances would be paid in the process. The Finance Department has also instituted a
review petition being Review Pet No.105/2018 against the judgment dated 06.02.2015 in WA
No.182/2013.
3. It is stated that the said review petition has been closed, meaning thereby, that the judgment
dated 06.02.2015 in WA No.182/2013 now stands. In the circumstance, the BTC authorities had filed
an affidavit stating that they have sent a proposal to the Finance Department of the Government of
Assam for release of the appropriate amount for paying the salary and allowances to the teachers like
that of the petitioners.
4. Statement has also been made that the Finance Department has granted the approval to about
1099 numbers of such candidates for release of their salary. The respondents conjointly on the next
date fixed, shall inform the Court as to whether the present petitioners are also included in the figure
of 1099.
5. List after two weeks.
JUDGE
Comparing Assistant
