Gauhati High Court
Promod Das vs The State Of Assam And 6 Ors on 14 September, 2021
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GAHC010139152021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4451/2021
PROMOD DAS
S/O LATE PORESH DAS
RESIDENT OF VILLAGE NO. 1, KOWADANGA
PS LALUK, PO KOWADANGA,
DIST LAKHIMPUR, ASSAM 787031
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
ELEMENTARY EDUCATION DEPARTMENT, JANATA BHAWAN, DISPUR
GUWAHATI 781006
2:THE STATE LEVEL COMMITTEE
REPRESENTED Y THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM
CHAIRMAN
JANATA BHAWAN
DISPUR
GUWAHATI 781006
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
JANATA BHAWAN
DISPUR GUWAHATI 781006
4:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
JANATA BHAWAN
DISPUR
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GUWAHATI 781006
5:THE DIRECTOR
ELEMENTARY EDUCATION ASSAM
KAHILIPARA
GUWAHATI 781019
6:THE DISTRICT LEVEL COMMITTEE
LAKHIMPUR REPRESENTED BY THE DEPUTY COMMISSIONER
LAKHIMPUR DISTRICT
NORTH LAKHIMPUR
ASSAM 787001
7:THE DISTRICT ELEMENTARY EDUCATION OFFICER
LAKHIMPUR
POLAKHIMPUR
DIST LAKHIMPUR
ASSAM 78700
Advocate for the Petitioner : MR. P D NAIR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 14/09/2021
Heard Mr. P.D. Nair, learned counsel for the petitioner. Also heard Mr.
P.N. Sharma, learned counsel for the respondents No.1, 3, 4, 5 and 7 being
the authorities under the Elementary Education Department and Mr. G Pegu,
learned counsel for the respondents No.2 and 6 being the authorities under
the SLC and DLC respectively.
2. Issue notice, returnable by six weeks.
3. Extra copies of the writ petition be served on the learned counsel for
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the respondents within three days.
4. The father of the petitioner died in harness on 19/05/2002 and on his death
the petitioner submitted an application for compassionate appointment on
15/10/2002. The petitioner was appointed after being recommended by the SLC
in its meeting of 01.04.2014. We have taken note of that the recommendation
by the DLC made in favour of the petitioner was in the meeting dated
10.08.2011.
5. Subsequently, there was a dispute as regards the recommendation of the DLC
of Lakhimpur district in its meeting of 16.03.2013. Two lists were in circulation
of the DLC meeting dated 16.03.2013. In one list four candidates were
recommended, namely, Sri Jiten Boruah, Smti Parismita Dutta, Sri Mintu Gogoi
and Sri Tushil Chetia. In another list also of 16.03.2013, fourteen candidates
were recommended, namely, Sri Abhijit Bharali, Sri Amrit Handique, Sri Bolin
Rajkhowa, Smti Tulika Hatiboruah, Sri Deni Dutta, Smti Niharika Arandhara, Sri
Madhab Misra, Sri Nulim Hazarika, Sri Biswajit Gogoi, Sri Jitu Borah, Sri
Jugananda Sarmah, Smti Sangita Chutia, Sri Abhilash Sarmah, Sri Hemanta
Baruah.
6. An issue of there being a fake DLC recommendation came up before this
Court in WP(C)No.2530/2017 and WP(C)No.2531/2017 wherein in a common
order dated 01.09.2017, the list containing fourteen candidates was held to be
not genuine. The order dated 01.09.2017 was also upheld by the Division Bench
of this Court in WA No.302/2017 and WA No.303/2017. Following the judgment,
another order was passed by this Court dated 28.05.2018 in WP(C)No.278/2017
and other writ petitions. In the said order of 28.05.2018 relief was granted in
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favour of the candidates whose names were included in the genuine
recommendation of the DLC dated 16.03.2013 by requiring the respondents to
examine the cases of the candidates included in the non-genuine
recommendation of 16.03.2013 under the law laid down in Achyut Ranjan Das
Vs. State of Assam & Ors. reported in (2006) 4 GLT 674 and Faziron Nessa Vs.
State of Assam & Ors. reported in (2010) 4 GLT 340. We are to understand that
even in respect of the candidates included in the non-genuine list, the Court had
provided for further examination of their cases as per the law laid down in the
aforesaid two cases.
7. In the aforesaid circumstance, the order dated 14.06.2021 of the Additional
Secretary to the Government of Assam, Elementary Education Department was
communicated to the Director of Elementary Education Assam to terminate the
services of some of the teachers who had been appointed on compassionate
ground on the basis of fake DLC list and for the purpose, the order dated
28.05.2018 in WP(C)No.278/2017 and other writ petitions were referred. In the
said order of 14.06.2021, the name of the petitioner Shri Promod Das is also
included, meaning thereby, that there is a decision of the respondent authorities
to terminate the service of the petitioner Shri Promod Das. Apparently, the
reason for arriving at such a decision is that Shri Promod Das was a beneficiary
of a fake recommendation of the DLC.
8. We have perused the list of fourteen candidates included in the fake DLC
recommendation dated 16.03.2013 as well as the name of the respondents in
WP(C) 278/2017 and other writ petitions. The name of the petitioner Shri
Promod Das appears neither in the list of fourteen candidates in the fake DLC
resolution nor he is a respondent in any of the writ petitions referred in the
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order dated 14.06.2021. In fact the materials on record reveals that the
petitioner was recommended by the DLC dated 10.08.2011 and he has nothing
to do with the recommendation of the DLC dated 16.03.2013. In the
circumstance, we are of the prima facie view that the reason given in the order
dated 14.06.2021 to terminate the services of the petitioner would be
inapplicable in the case of the petitioner.
9. On a prima facie case being made out and also considering the balance of
convenience and irreparable loss that the petitioner may suffer, the effect of the
decision to terminate the services of the petitioner Shri Promod Das contained in
the communication dated 14.06.2021 of the Additional Secretary to the
Government of Assam, Elementary Education Department shall remain stayed
until further order.
10. List after six weeks.
JUDGE
Comparing Assistant
