Raham Ali Ahmed vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2239 Gua

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GAHC010137062021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/4420/2021

            RAHAM ALI AHMED
            S/O LATE SHUKUM UDDIN MUNSHI,
            RESIDENT OF VILLAGE MANDIA PATHER
            PO MANDIA,PS BAGHBARI,DIST BARPETA,ASSAM 781309



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF
            ASSAM,ELEMENTARY EDUCATION DEPT. DISPUR,GUWAHATI 781006

            2:THE DIRECTOR OF ELEMENTARY EDUCATION

            ASSAM
            KAHILIPARA
            GUWAHATI 19

            3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

             BARPETA
             ASSAM
             781301

            4:THE PRINCIPAL SECRETARY
            TO THE GOVT. OF ASSAM
            FINANCE DEPT. DISPUR
             GUWAHATI 78100

Advocate for the Petitioner   : MR N AHMED

Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

JUDGMENT & ORDER (ORAL)

Date : 16-09-2021

Heard Mr. N Ahmed, learned counsel for the petitioner. Also heard Mr. Ganesh Pegu, learned counsel for the respondents no. 1, 2 and 3 being the authorities under the Elementary Education Department, Government of Assam and Mr. A Chaliha, learned counsel for the respondent no. 4 being the Finance Department, Government of Assam.

2. The petitioner was appointed as a Headmaster of Gobindapur Colony ME School as per the appointment letter dated 01.02.1984 at the stage when the school was a Venture school. The school was provincialised as per the order dated 16.05.2013.

3. The petitioner obtained a certificate under Section 3 of the Assam Public Services (Relaxation of Upper Age Limit) Rules 1986 (in short, the Rules of 1986) from the District Magistrate, Barpeta dated 24.07.1989 stating that he is a resident of State of

Assam from 1st January, 1980 to 15th August, 1985.

4. Based on such certificate, the petitioner has submitted a representation before the District Elementary Education Officer, Barpeta requesting for an extension of his service beyond the regular age of retirement of sixty years.

5. We have perused the provisions of the Rules of 1986 and have noticed that the said rule was made for relaxing the age limit for appointment in public service under the Government of Assam for a period of six years and the rule is applicable for the residents of Assam.

6. As the Rules of 1986 itself is for the purpose of recruitment to government service in the State of Assam under the Government of Assam, a reading of the same makes it explicit that the purpose of the rule is not for extending the service of an government employee beyond his normal age of retirement.

7. In the aforesaid circumstance, Mr. N Ahemd, learned counsel for the petitioner Page No.# 3/3

seeks not to further press with this writ petition.

8. In view of the above submission, this writ petition stands accordingly closed.

JUDGE

Comparing Assistant