Makabbir Ali Laskar vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1924 Gua

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GAHC010096932022




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

                             Case No. : WP(C)/3520/2022

         MAKABBIR ALI LASKAR
         S/O. LT. MADORIS ALI LASKAR, VILL. KACHUDARAM PART - II, P.O.
         KACHUDARAM, DIST. CACHAR, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         THROUTH- THE COMMISSIONER AND SECY., TO THE GOVT. OF ASSAM,
         ELEMENTARY EDUCATION DEPTT., DISPUR, GUWAHATI-781006.

         2:THE DIRECTOR OF ELEMENTARY EDUCATION

          ASSAM
          KAHILIPARA
          GUWAHATI-781019.

         3:THE DEPUTY INSPECTOR OF SCHOOLS

          SILCHAR
          DISTRICT CACHAR
          ASSAM
          PIN-788001.

         4:THE BLOCK ELEMENTARY EDUCATION OFFICER

          SONAI ROAD
          SONAI
          DIST. CACHAR
          ASSAM
          PIN-788119.

         5:THE PRINCIPAL ACCOUNTANT GENERAL
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             ( A AND E )
             ASSAM
             MAIDAMGAON
             BELTOLA
             GUWAHATI-781029.

            6:THE DIRECTOR OF PENSION

             ASSAM
             HOUSEFED COMPLEX
             CENTRAL BLOCK 6TH FLOOR
             BELTOLA ROAD
             GUWAHATI-781006

Advocate for the Petitioner   : MS N KHATUN

Advocate for the Respondent : SC, ELEM. EDU




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                      O R D E R

01.06.2022

It has been taken note that the petitioner was regularized in service as per the order dated 19.02.2001 of the Deputy Inspector of Schools, Silchar. The order of regularization refers to a judicial pronouncement dated 25.08.1998 of the learned Civil Judge (Senior Division) No. 1, Cachar, Silchar. It has been informed that the judgment dated 25.08.1998 of the learned Civil Judge (Senior Division) No. 1 is related to an appeal by the departmental authorities against the judgment of the learned Sadar Munsiff No. 2, Silchar dated 27.06.1995.

A copy of the judgment of the learned Sadar Munsiff No. 2, Silchar dated 27.06.1995 is produced before the Court and the perusal thereof makes it discernible that there is a direction to the defendants i.e. the respondents in the Page No.# 3/3

Elementary Education Department by way of mandatory injunction to reinstate the petitioner as regular Assistant Teacher from the date of his attendance as a Teacher and also to pay him his pay and allowances as admissible under the Rules.

In other words, the direction in the form of mandatory injunction has attained its finality on the appeal of the departmental authorities being dismissed and accordingly, it has to be understood that the order of regularisation of the petitioner dated 19.02.2001 is pursuant to a judicial pronouncement which has attained its finality.

As the grievance of the petitioner is that no pension had been paid to him after his retirement from service, we are of the view that the matter requires an urgent consideration.

Mr. B Kaushik, learned counsel for the Elementary Education Department prays for an adjournment to examine the aforesaid aspect as to whether the petitioner was in a pensionable service.

List the matter in the next week.

JUDGE

Comparing Assistant