Gauhati High Court
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GAHC010111222021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3920/2021
SAMUDRA HALOI AND 2 ORS
S/O LT. KONAK HALOI, ASSTT. TEACHER, RAJKADAMTAL SANDHA HIGH
SCHOOL, NDC, NALBARI, P.O. SANDHA, DIST. NALBARI, ASSAM, PIN
781337
PRESENTLY R/O BIJOY NAGAR, BARSAR KUCHI, P.O. MILANPUR, DIST.
NALBARI, ASSAM, PIN 781337
2: KISHOR SARMA
ASSTT. TEACHER
P.S. LAHKARPARA
HIGH SCHOOL
NALBARI
P.O. LAHKARPARA
DIST. NALBARI
ASSAM
PIN 781348
3: JITENDRA NATH SARMA
ASSTT. TEACHER
P.B. DHIRDUTTA HIGH SCHOOL
P.O. K.P. BARKHALA
DIST. NALBARI
ASSAM
PIN 78134
VERSUS
STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM,
SECONDARY EDUCATION, DISPUR, GUWAHATI 6
2:COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
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GUWAHATI 6
3:THE DIRECTOR
SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 19
4:INSPECTOR OF SCHOOL
NDC
NALBARI
DIST. NALBARI
ASSAM
PIN 781335
5:THE ACCOUNTANT GENERAL
OFFICE OF THE ACCOUNTANT GENERAL
ASSAM
BELTOLA
MAIDAMGAON
DISPUR
GUWAHATI
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
20.08.2021
The petitioners claim that their legal right to be appointed as Assistant
Teachers were crystallized by a judgment dated 25.08.1997 in WP(C)
No.3056/1997 and other writ petitions. Although there was a requirement to
appoint the petitioners pursuant to the said judgment, but it was not done.
Ultimately, the very select list based upon which such appointments were to be
made was cancelled by the Government of Assam in the Secondary Education
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Department. The said action being assailed in WP(C) No.8159/2004, was given
a final consideration by the order dated 08.08.2013, wherein a conclusion was
arrived that the cancellation was not sustainable in law.
The legal effect of the judgment dated 08.08.2013 would be that the
requirement to appoint the petitioners as per the earlier judgment dated
25.08.1997 would continue to prevail. In the circumstance, the petitioners were
appointed by an order dated 16.09.2014. In the resultant situation, an issue had
arisen as to whether the petitioners would be covered by the New Defined
Pension scheme where the cut-off date for entering a Government service is
01.02.2005.
Admittedly, going by the date of appointment in the year 2014, the
petitioners entered Government service subsequent to 01.02.2005, but at the
same time, their right to enter the Government service stood crystallized and
there was a requirement under the law to appoint them as per the judgment
dated 25.08.1997.
In the circumstance, a question would arise as to whether under the law, it
has to be construed that the petitioners entered Government service on and
around the year 1997 as per the requirement of the judgment dated 25.08.1997
or in spite of all such illegality having been taken place in not appointing them
up to the year 2014, their actual date of appointment in 2014 would be
construed to be the date for effecting the Government service.
A principle of law in the similar circumstance has already been decided by a
judgment dated 20.04.2017 in WP(C) No.710/2011, which is available at page
72 of the writ petition.
Mr. B Gogoi, learned counsel for the Finance Department as well as Ms. NM
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Sarma, learned counsel for the Secondary Education Department seek for an
adjournment to examine the matter.
Prayer is allowed.
List the matter after a week.
JUDGE
Comparing Assistant
