Sri Bhupen Saikia vs The State Of Assam And 3 Ors
2022 Latest Caselaw 997 Gua

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GAHC010208282016




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

                                 Case No. : WP(C)/6654/2016

            SRI BHUPEN SAIKIA
            S/O- LT. TIREN SAIKIA, R/O VILL.- KALITAGAON, P.O.- KALABARI, DIST.-
            SONITPUR, ASSAM, PIN- 784178.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY THE COMMISSIONER and SECY., DEPTT. OF HIGHER EDUCATION,
            ASSAM, DISPUR, GHY- 6.

            2:DIRECTOR OF HIGHER EDUCATION
            ASSAM
             KAHILIPARA
             GHY- 19.

            3:GOVERNING BODY OF JENGRAIMUKH COLLEGE
             REP. BY ITS PRESIDENT OF C/O JENGRAIMUKH COLLEGE
             P.O.- JENGRAIMUKH
             DIST.- JORHAT
             PIN- 785105.

            4:THE PRINCIPAL
             JENGRAIMUKH COLLEGE
             R/O- JENGRAIMUKH
             DIST.- JORHAT
             PIN- 785105

Advocate for the Petitioner   : MR.J SARMA

Advocate for the Respondent : SC, HIGHER EDUCATION

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

Date : 22-03-2022

JUDGMENT & ORDER (ORAL)

Heard Mr. J Sarma, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned counsel for the respondents No.1 and 2 being the authorities under the Higher Education Department, Government of Assam.

2. The record contains an affidavit-in-opposition of the respondents No.3 and 4 being the authorities of Jengraimukh College, Majuli filed through Mr. S Gogoi, learned counsel on 16.03.2017, however, when the matter is taken up for hearing none appears for the college authorities.

3. Although the UGC is made a proforma respondent, none appears for the UGC inspite of there being a standing counsel for the said respondent.

4. The petitioner who is a senior lecturer in the respondent Jengraimukh College claims that under the law he is entitled to be placed in the Selection Grade Scale of Pay as on 01.09.2001. In support of the contention, the petitioner relies upon a proposal submitted by the Governing Body of the Jengraimukh College Majuli dated 02.06.2014 to the Director of Higher Education, Assam which provides that the petitioner fulfills all the necessary condition for being placed in the selection grade of pay and, therefore, the Page No.# 3/5

departmental promotion committee of the college held on 17.08.2014 had made a recommendation in favour of the petitioner. The communication further provides that based on the recommendation of the departmental promotion committee, the Governing Body of the college in its meeting held on 19.05.2014 had adopted a resolution recommending the promotion of the petitioner to the Selection Grade Scale of Pay. Accordingly, the Director of Higher Education Assam was requested to do the necessary formalities for the purpose. The relevant paragraph of the communication dated 02.06.2014 is extracted as below:

"He was placed in senior scale of pay by order No.G(B)UGC.183/2011/84-A dated Kahilipara the 08/12/2011 w.e.f. 01/09/1996. Since he has fulfilled all conditions for placement in Selection Grade Scale of Pay as on 01/09/2001, so, the Departmental Promotion Committee was held on 17/05/2014 and on the basis of the report of the said committee the Governing Body of the college held on 19.05.2014 adopted a resolution recommending his promotion to Selection Grade Scale of Pay w.e.f. 01.09.2001 requesting the Director, Higher Education Assam to take necessary action at an earliest."

5. In paragraph 6 of the affidavit-in-opposition of the authorities under the Higher Education Department filed by the Director of Higher Education Assam, a stand is taken that along with the proposal the authorities of Jengraimukh College had not submitted the performance appraisal report in respect of the petitioner for four years. Inspite of the subsequent communication with the college authorities, no reply thereof had been received. In paragraph 6, it is further stated that as per the OM dated 10.07.2015 of the Higher Education Department, any Assistant Professors/ Librarians who were initially appointed without NET/SLET/Ph.D or any other qualification satisfying the requirement of the UGC norms, the seniority of such Assistant Professors/Librarians would be Page No.# 4/5

counted w.e.f., the date they obtained such qualification as required under the UGC norms provided they were appointed against sanctioned posts.

6. In the said paragraph, it is further provided that the appointment of the petitioner was approved with a condition that he will obtain the M.Phil degree or equivalent degree within eight years from the date of approval. As the petitioner had not fulfilled the condition of the order dated 22.12.1988 i.e. the order of approval of appointment, therefore, the authorities in the Higher Education Department had not approved the promotion of the petitioner to the Selection Grade Scale of Pay in view of the provisions of the OM dated 10.07.2015.

7. However as one of the reasons for not approving the promotion is that the four years performance appraisal report was not submitted along with the proposal, we direct the authorities of the Jengraimukh College to do the needful and submit the performance appraisal report in respect of the petitioner of the concerned four years to the Director of Higher Education Assam who shall thereupon consider the same and pass a reasoned order.

8. The Jengraimukh College to do the needful within a period of one month from the date of receipt of the certified copy of this order and the Director of Higher Education Assam within a period of another one month shall pass its reasoned order.

9. Writ petition stands disposed of in the above terms.

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JUDGE

Comparing Assistant