Gauhati High Court
Sulma Begum Laskar vs The State Of Assam And 4 Ors on 12 May, 2022
Page No.# 1/29
GAHC010006772020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/234/2020
SULMA BEGUM LASKAR
W/O- ASHIK UDDIN LASKAR, VILL. GOBINDSPUR PART-I, P.O. DUNGRIPAR,
P.S. SONAI, DIST.- CACHAR, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
EDUCATION (ELE.) DEPTT., DISPUR, GHY.-06.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY.-06.
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY.-19.
4:THE DIST. ELEMENTARY EDUCATION OFFICER
CACHAR
P.O. SILCHAR
DIST. CACHAR
ASSAM.
5:TREASURY OFFICER
CACHAR DISTRICT
P.O. SILCHAR
ASSAM
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : SC, ELEM. EDU
Page No.# 2/29
Linked Case : WP(C)/4973/2021
PADUMI THAKURIA
W/O- LT. JIBA KRISHNA THAKURIA
R/O- VILL- PIJUPARA
P.O. AND P.S. NAGARBERA
DIST.- KAMRUP
ASSAM
PIN- 781127
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
(ELEMENTARY)
DISPUR
GHY-6
2:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
KAMRUP
AMINGAON
GHY-35
4:THE DY. INSPECTOR OF SCHOOLS
AMINGAON
KAMRUP
GHY-35
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
CHAMARIA BLOCK
DIST.- KAMRUP
ASSAM
CHAMARIA- 781136
6:THE TREASURY OFFICER
AMINGAON
GHY-35
7:THE DIRECTOR OF PENSION
ASSAM
DISPUR
GHY-6
8:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
Page No.# 3/29
MAIDAMGAON
BELTOLA
GHY-29
------------
Advocate for : MR. R M CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 7 ORS.
Linked Case : WP(C)/8596/2019
ABDUL MANAF BARBHUIYA AND ANR.
S/O- LT ABDUL LATIF BARBHUIYA
VILL- DAKSHIN JASNABAD PART-II
P.O. TANTOO
P.S. LALA
DIST- HAILAKANDI
ASSAM
PIN- 788163
2: AZIZUR RAHMAN LASKAR
S/O- LT MUHIBUR RAHMAN LASKAR
VILL- NARRAINPUR PART-I
P.O. CHANDIPUR WEST
P.S. HAILAKANDI
DIST- HAILAKANDI
ASSAM
PIN- 788152
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY.
TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
ELEMENTARY EDUCATION
ASSAM
DISPUR
GHY-6
2:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GHY-6
3:THE SECRETARY
TO THE GOVT. OF ASSAM
DISPUR
GHY-6
4:THE SECRETARY
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
Page No.# 4/29
GHY-6
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
6:THE DISTRICT ELEMENTARY EDUCATION OFFICER
HAILAKANDI
DIST- HAILAKANDI
ASSAM
PIN- 788151
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/770/2021
SHAH ALOM AND 2 ORS.
S/O- LT. ABDUL KADER MUNSHI
VILL- GHORAMARA PT.-I
P.O. RANGAPANI
P.S. MERERCHAR
DIST.- BONGAIGAON
ASSAM
PIN- 783384 ASSTT. TEACHER OF NARARVITA M.V.SCHOOL UNDER
SRIJONGRAM EDUCATION BLOCK OF BONGAIGAON DISTRICT
2: JOYFUL NESSA
W/O- ABDUL KUDDUS AHMED
VILL- TUPKAR CHAR
P.O. TOPGAON
P.S. MERERCHAR
DIST.- BONGAIGAON
ASSAM
PIN- 783384
ASSTT. TEACHER OF AMALGAMATED SARBAJONIN HIGH SCHOOL
MAINYAPARA UNDER B.D.C.
BONGAIGAON
ASSAM
3: MOHAMMAD ALI
S/O- LT. SAFOR ALI
VILL- BORJANA PT. III
P.O. BORJANA
P.S. JOGIGHOPA
DIST.- BONGAIGAON
ASSAM
PIN- 783382 RTD. ASSTT. TEACHER OF BORJANA M.V.SCHOOL UNDER
Page No.# 5/29
SRIJONGRAM EDUCATION BLOCK OF BONGAIGAON DISTRICT
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPTT.
GHY-06
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (ELEMENTARY) DEPTT.
DISPUR
GHY-06
3:THE SECRETARY TO THE GOVT. OF ASSAM
FINANCE (BUDGET) DEPTT.
DISPUR
GHY-06
4:THE SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCE DEPTT.
DISPUR
GHY-06
5:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
6:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
7:THE INSPECTOR OF SCHOOLS
B.D.C.
BONGAIGAON (ASSAM)
PIN- 783380
8:THE DISTRICT ELEMENTARY EDUCATION OFFICER
BONGAIGAON ASSAM
PIN- 783380
------------
Advocate for : MR. A F N U MOLLAH
Advocate for : appearing for THE STATE OF ASSAM AND 7 ORS.
Linked Case : WP(C)/5119/2020
SALIMA KHATUN BARBHUIYA AND 5 ORS.
D/O. HAJI HABIB ALI
W/O. SHARAF UDDIN
ASSTT. TEACHER OF JANAKAI BAJAR BASIC SCHOOL
HAILAKANDI
VILL. NIZ JALALPUR
Page No.# 6/29
P.O. JALALPUR
P.S. KATIGORH
DIST. CACHAR
ASSAM
PIN-788815.
2: J. MANGLEN SINGHA
S/O. J. BACHADHON SINGHA
ASSTT. TEACHER OF LAISHRANKUN METHEI M.E. SCHOOL
HAILAKANDI
VILL. RAJYESWARPUR PART-I
P.O. BORBOND-MONACHERRA
P.S. LALA
DIST. HAILAKANDI
ASSAM
PIN-788164.
3: JAMIR UDDIN BARBHUIYA
S/O. LT. MAHRAM ALI
BARBHUIYA ASSTT. TEACHER OF M.A. MAJUMDER M.E. SCHOOL
AMJURGHAT
VILL. RANGIRGHAT
PT-II
P.O. AMJURGHAT
P.S. SONAI
DIST. CACHAR
ASSAM
PIN-788119.
4: ALI AHMED LASKAR
S/O. LT. TURAB ALI LASKAR
ASSTT. TEACHAR OF DHOLAI MOLAI M.E. SCHOOL
VILL. DHOLAI PART II
P.O.
DHOLAI MOLAI (VIA-KATLICHERRA)
P.S. KATLICHERRA
DIST. HAILAKANDI
ASSAM
PIN-788161.
5: MD. ABDUL KAYUM CODHURY
S/O. LT. ABDUR ROHMAN CHOUDHURY
ASSTT. TEACHER OF CHIPOR SANGAN M.E. SCHOOL
VILL. NORTH NARAINPUR PART-II
P.O. NORTH NARAINPUR
P.S. ALGAPUR
Page No.# 7/29
DIST. HAILAKANDI
ASSAM
PIN-788801.
6: MOIN UDDIN
S/O. LT. JUNAB ALI
ASSTT. TEACHER OF SOMAJ KALYAN M.E. SCHOOL
VILL. NITAINAGAR PART-I
P.O. PURBOSUNAPUR
P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN-788155.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (ELEMENTARY) DEPTT.
DISPUR
GUWAHATI-06.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
3:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
4:THE DIST. ELEMENTARY EDUCATION OFFICER
CACHAR
P.O. CACHAR
P.S. CACHAR
DIST. CACHAR
ASSAM.
5:THE DIST. ELEMENTARY EDUCATION OFFICER
HAILAKANDI
P.O. HAILAKANDI
P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM.
------------
Page No.# 8/29
Advocate for : MR. A M BARBHUIYA
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/6377/2021
NAZRUL ISLAM AND 5 ORS
S/O LT. MOHIBUR RAHMAN
VILL. EST. KANSHIL
P.O. KANSHIL
P.S. KARIMGANJ
DIST. KARIMGANJ (ASSAM)
PIN 788711
2: NOOR UDDIN
S/O LT. SHAID ALI
VILL. KURTI
P.O. KATALTALI
P.S. BAZRICHERR
DIST. KARIMGANJ
ASSAM
PIN 788725
3: HALIMA KHATUN
W/O MD. LUQUMAN AHMED
VIL. BINODINI
P.O. ERALIGOOL
P.S. NILAMBAZAR
DIST. KARIMGANJ
ASSAM
PIN 788723
4: ARIFA HUSSAIN CHOUDHURY
W/O SAMSUL HOQUE
VILL. CHANDSRIKUNA
P.O. TITABAR
P.S. KARIMGANJ
DIST. KARIMGANJ
ASSAM
PIN788709
5: HAFIZ MD. ALI
S/O ABDUL MAZID
VILL. SADARASHI
Page No.# 9/29
P.O. SADARSHI
P.S. KARIMGANJ
DIST. KARIMGANJ
ASSAM
PIN 788709
6: ABDUR REJAQUE LASKAR
S/O LT. ASAB ALI LASKAR
VILL. NORTH NARAINPUR
P.S. ALGAPUR
DIST. HAILAKANDI
ASSAM
PIN 788801
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
EDUCATION (ELEMENTARY)
DISPUR
GUWAHATI 6
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI 6
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 19
4:THE DIST. ELEMENTARY EDUCATION OFFICER
KARIMGANJ
DIST. KARIMGANJ
ASSAM
PIN 788725
5:THE DIST. ELEMENTARY EDUCATION OFFICER
HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN 788801
------------
Advocate for : MR R ISLAM
Advocate for : GA
Page No.# 10/29
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WP(C)/9187/2019
ABDUL JALIL CHOUDHURY AND ANR.
S/O- LT. GOLAM AZDANI CHOUDHURY
VILL. NOBINSUNAPUR
P.O. KALIBARI BAZAR
P.S. ALGAPUR
DIST. HAILAKANDI
ASSAM
PIN- 788150.
2: MOHIBUR RAHMAN LASKAR
S/O- LT. ABID RAJA LASKAR
VILL. NORTH NARAINPUR PT-I
P.O. NORTH NARAINPUR
P.S. ALGAPUR
DIST.- HAILAKANDI
ASSAM
PIN- 788801.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
ELEMENTARY EDUCATION
ASSAM
DISPUR
GHY.-06.
2:THE CHIEF SECY. TO THE GOVT. OF ASSAM
DISPUR
GHY.-06.
3:THE SECY.
FINANCE DEPTT. (BUDGET)
DISPUR
GHY.-06.
4:THE SECY.
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY.-06.
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY.-19.
6:THE DIST. ELEMENTARY EDUCATION OFFICER
HAILAKANDI
Page No.# 11/29
DIST. HAILAKANDI
ASSAM
PIN- 788151.
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/8856/2019
NASHIR UDDIN LASKAR
S/O- LT TAZAMUL ALI LASKAR
VILL- BOALIPAR PART-III
P.O. BOALIPAR BAZAR
P.S. HAILAKANDI
DIST- HAILAKANDI
ASSAM
PIN- 788155
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY.
TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
ELEMENTARY EDUCATION
ASSAM
DISPUR
GHY-6
2:THE CHIEF SECRETARY
TO THE GOVT. OF ASSAM
DISPUR
GHY-6
3:THE SECRETARY
FINANCE DEPTT. (BUDGET) DISPUR
GHY-6
4:THE SECRETARY
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY-6
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
6:THE DISTRICT ELEMENTARY EDUCATION OFFICER
HAILAKANDI
Page No.# 12/29
DIST- HAILAKANDI
ASSAM
PIN- 788151
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/8900/2019
L. CHANDRAJINI DEVI
W/O- LAL MOHAN SINGHA
VILL- PURBOKITTERBOND PART-II
P.O- AMALA
P.S- LALA
DIST- HAILAKANDI
ASSAM
PIN- 788163
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
EDUCATION DEPTT
ELEMENTARY EDUCATION
ASSAM
DISPUR
GUWAHATI-6
2:THE CHIEF SECRETARY
TO THE GOVT OF ASSAM
DISPUR
GHY- 06
3:THE SECRETARY
FINANCE DEPTT (BUDGET)
DISPUR
GHY- 06
4:THE SECRETARY
PENSION AND PUBLIC GRIEVANCES DEPTT
DISPUR
GUWAHATI- 06
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 19
6:THE DEEO
HAILAKANDI
Page No.# 13/29
DIST- HAILAKANDI
ASSAM
PIN- 788151
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/8822/2019
MUMTAZ BEGUM CHOUDHURY
W/O- MAINUL HAQUE LASKAR
VILL. AND P.O. PURBO SUNAPUR
P.S. HAILAKANDI
DIST. HAILAKANDI
ASSAM
PIN- 788155.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
ELE. EDUCATION
ASSAM
GHY.-6.
2:THE CHIEF SECY. TO THE GOVT. OF ASSAM
DISPUR
GHY.-06.
3:THE SECY.
FINANCE DEPTT. (BUDGET)
DISPUR
GHY.-06.
4:THE SECY.
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY.-06.
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY.-19.
6:THE DIST. ELEMENTARY EDUCATION OFFICER
HAILAKANDI
DIST.- HAILAKANDI
Page No.# 14/29
ASSAM
PIN- 788151.
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/479/2021
ABDUL KUDDUS MIAH AND ANR
S/O- LT. ROHIZ UDDIN
VILL- MAYERCHAR PT.-II
P.O. NAYER ALGA
P.S. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348
ASSTT. TEACHER OF KILLAHARA M.E. MADRASSA UNDER LAKHIPUR
EDUCATION BLOCK OF GOALPARA DISTRICT
2: SHIRAJUL ISLAM
S/O- LT. TAZUDDIN AHMED
VILL- BODO NICHINPUR
P.O. MEDORTARI
P.S. FAKIRGANJ
DIST.- DHUBRI
ASSAM
PIN- 783333 ASSTT. TEACHER OF AOLATOLI AMALGAMATED HIGH
MADRASSA UNDER G.D.C.
GOALPARA OF GOALPARA DISTRICT
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPTT.
DISPUR
GHY-06
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (ELEMENTARY) DEPTT.
DISPUR
GHY-06
3:THE SECY. TO THE GOVT. OF ASSAM
FINANCE (BUDGET) DEPTT.
DISPUR
GHY-06
4:THE SECY. TO THE GOVT. OF ASSAM
PENSION AND PUBLIC GRIEVANCE DEPTT.
Page No.# 15/29
DISPUR
GHY-06
5:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
6:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
7:THE INSPECTOR OF SCHOOLS
G.D.C.
GOALPARA (ASSAM)
PIN- 783301
8:THE DISTRICT ELEMENTARY EDUCATION OFFICER
GOALPARA
ASSAM
PIN- 783301
------------
Advocate for : MR. A F N U MOLLAH
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : WP(C)/6307/2014
INDRESWAR GOGOI and 2 ORS
S/O- LT. BHADRESWAR GOGOI
R/O VILL. and P.O.- CHARAIMORIA
P.S.- BOGINADI
DIST.- LAKHIMPUR
ASSAM.
2: TILAK CH. LAHAN
S/O- LT. DAMUDAR LAHAN
R/O VILL.- GUBURIHALI
P.S.- NORTH LAKHIMPUR
DIST.- LAKHIMPUR
ASSAM.
3: RINAMONI CHANGMAI
W/O- SRI BULTON GOGOI
R/O VILL.- SANTAPUR
P.O.- BIHPURIA
DIST.- LAKHIMPUR.
VERSUS
THE STATE OF ASSAM AND 7 ORS
Page No.# 16/29
THROUGH THE COMMISSIONER and SECY.
GOVT. OF ASSAM
EDUCATION SECONDARY DEPTT.
DISPUR
GHY- 6.
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY - 6.
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY- 19.
4:THE INSPECTOR OF SCHOOLS
LAKHIMPUR DIST. CIRCLE
DIST.- LAKHIMPUR.
5:THE TREASURY OFFICER
NORTH LAKHIMPUR
ASSAM.
6:THE HEADMASTER
KADAM HIGH SCHOOL
LAKHIMPUR
P.O.- CHARAIMORIA
DIST.- LAKHIMPUR
PIN- 787032.
7:THE HEADMASTER
S.T.K. HIGH SCHOOL
P.O. and DIST.- LAKHIMPUR
PIN- 787001.
8:THE HEADMASTER
TITABAHAR HIGH SCHOOL
P.O.- PODMAPUR
P.S.- BIHPURIA
DIST.- LAKHIMPUR
ASSAM
PIN- 784164.
------------
Advocate for : MR.K R PATGIRI
Advocate for : SC
FINANCE appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : WP(C)/5640/2021
DILIP KR KALITA
S/O- LT. ANANTA RAM KALITA
Page No.# 17/29
R/O- VILL- DOKUCHI NAGARBERA
P.O. AND P.S. NAGARBERA
DIST.- KAMRUP
ASSAM
PIN- 781127
VERSUS
THE STATE OF ASSAM AND 8 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
(ELEMENTARY) DISPUR
GHY-6
2:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
KAMRUP
AMINGAON
GHY-35
4:THE DY. INSPECTOR OF SCHOOLS
AMINGAON
KAMRUP
GHY-35
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
BOKO BLOCK
DIST.- KAMRUP
ASSAM
CHAMARIA-35
6:THE TRESURY OFFICER
AMINGAON
GHY-35
7:THE DIRECTOR OF PENSION
ASSAM
DISPUR
GHY-6
8:THE ACCOUNTANT GENERAL (AANDE)
ASSAM
MAIDAMGAON
BELTOLA
GHY-29
9:THE SECRETARY
FINANCE DEPTT.
GOVT. OF ASSAM
Page No.# 18/29
DISPUR
GHY-6
------------
Advocate for : MR. R M CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 8 ORS
Linked Case : WP(C)/8752/2019
SHAHAB UDDIN LASKAR AND ANR.
S/O LATE TAHIR ALI LASKAR
VILL-BASHDHAR PART-I
P.O.-MATIJURI
P.S.-HAILAKANDI
DIST-HAILAKANDI
ASSAM
PIN-
2: RAKHABATI SINGHA
VILL AND P.O.-RAJYESWARPUR PART-I
P.S.-LALA
DIST-HAILAKANDI
ASSAM
PIN-788163
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
OF ASSAM
EDUCATION DEPARTMENT
ELEMENTARY EDUCATION
ASSAM
DISPUR
GUWAHATI-6
2:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-6
3:THE SECRETARY
FINANCE DEPARTMENT (BUDGET)
DISPUR
GUWAHATI-6
4:THE SECRETARY
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR
GUWAHATI-6
Page No.# 19/29
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
6:THE DISTRICT ELEMENTARUY EDUCATION OFFICER
HAILAKANDI
DIST-HAILAKANDI
ASSAM
PIN-788151
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/8819/2019
GITA RANJAN NATH
S/O- LT. GOLAK CHANDRA NATH
VILL./P.O.- UMEDNAGAR
P.S. LALA
DIST- HAILAKANDI
ASSAM
PIN- 788183.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
ELE. EDUCATION
ASSAM
DISPUR
GHY.-06.
2:THE CHIEF SECY. TO THE GOVT. OF ASSAM
DISPUR
GHY.-06.
3:THE SECY.
FINANCE DEPTT. (BUDGET)
DISPUR
GHY.-06.
4:THE SECY.
PENSION AND PUBLIC GRIEVANCES DEPTT.
Page No.# 20/29
DISPUR
GHY.-06.
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY.-19.
6:THE DIST. ELEMENTARY EDUCATION OFFICER
HAILAKANDI
DIST.- HAILAKANDI
ASSAM
PIN- 788151.
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/947/2022
SMTI. DIPIKA TALUKDAR AND ANR
D/O THIRESWAR DAS
VILL- METUAKUCHI
P.O.-BARPETA
P.S.-BARPETA
DIST- BARPETA
ASSAM
2: MUSTAFA KAMAL
S/O LATE BHOGI SHEK
VILL- ISLAMPUR
P.O.-DALGAON
P.S.-DALGAON
DIST- DARRANG
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM
EDUCATION (ELEMENTARY) DEPARTMENT
DISPUR
GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
Page No.# 21/29
3:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
4:THE ACCOUNTANT GENERAL
ASSAM
GUWAHATI
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
BARPETA
P.O.-BARPETA
P.S.-BARPETA
DIST-BARPETA
ASSAM
6:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DARRANG
P.O.-DALGAON
P.S.-DALGAON
DIST-DARRANG
ASSAM
------------
Advocate for : MR. A M BARBHUIYA
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : WP(C)/382/2022
KARTIK SAHU AND ANR
S/O LATE SAMBHU SAHU
PO HAUTOLY
PS AND DIST GOLAGHAT
ASSAM
2: SMTI RANI DIHINGIA
W/O SRI UMA KANTA GOGOI
RESIDENT OF BURALIKSAON GAON
PO PUB KOTHALGURI
PS KOMARGAON
DIST GOLAGHAT
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
Page No.# 22/29
OF ASSAM
EDUCATION ELEMENTARY DEPARTMENT
DISPUR
GUWAHATI 06
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI 06
3:THE DIRECTOR
ELEMENTARY EDUCATION ASSAM
KAHILIPARA
GUWAHATI 19
4:THE INSPECTOR OF SCHOOLS
GOLAGHAT
ASSAM
------------
Advocate for : MR. P J SAIKIA
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WP(C)/8659/2019
MOINUL HAQUE MAZUMDAR
S/O- LATE HAZI RASHID MAZUMDAR
R/O- VILL- BHATERKUPA PART-I
P.O- CHANDIPUR
PIN- 788150
DIST- HAILAKANDI
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
TO BE REP. BY COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
EDUCATION DEPTT (ELEMENTARY)
DISPUR
GUWAHATI- 781006
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
FINANCE DEPTT
DISPUR
Page No.# 23/29
ASSAM
GUWAHATI- 781006
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
PIN- 781019
4:THE DIRECTOR OF PENSIONS
ASSAM
DISPUR
GUWAHATI
PIN- 781006
------------
Advocate for : MR. M H RAJBARBHUIYAN
Advocate for : SC
EDU appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WP(C)/8911/2019
NAZRUL ISLAM LASKAR
S/O- LT MUBESSIN ALI LASKAR
VILL- BOALIPAR PART-III
P.O. BOALIPAR BAZAR
P.S. HAILAKANDI
DIST- HAILAKANDI
ASSAM
PIN- 788155
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY.
TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
ELEMENTARY EDUCATION
ASSAM
DISPUR
GHY-6
2:THE CHIEF SECY. TO THE GOVT. OF ASSAM
DISPUR
GHY-6
3:THE SECRETARY
FINANCE DEPTT. (BUDGET) DISPUR
GHY-6
Page No.# 24/29
4:THE SECRETARY
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY-6
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
6:THE DISTRICT ELEMENTARY EDUCATION OFFICER
HAILAKANDI
DIST- HAILAKANDI
ASSAM
PIN- 788151
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/8618/2019
KABOKLEI SINGHA AND ANR.
W/O NONI BABU SINGHA
VILL.- PURBOKITTERBOND PT-II
P.O. PURBOKITTERBOND
P.S. LALA
DIST.- HAILAKANDI
ASSAM
PIN- 788163.
2: S. RAJENDRA KUMAR SINGHA
S/O- LT. GOPAL SINGHA
VILL.- NIMAICHANDPUR PT-II
P.O. NIMAICHANDPUR
P.S. LALA
DIST.- HAILAKANDI
ASSAM
PIN- 788168.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
ELE. EDUCATION
DISPUR
GHY.-O6.
Page No.# 25/29
2:THE CHIEF SECY. TO THE GOVT. OF ASSAM
DISPUR
GHY.-06.
3:THE SECY.
FINANCE DEPTT. (BUDGET)
DISPUR
GHY.-06.
4:THE SECY.
PENSION AND PUBLIC GRIEVANCES DEPTT.
DISPUR
GHY.-06.
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY.-19.
6:THE DIST. ELEMENTARY EDUCATION OFFICER
HAILAKANDI
DIST.- HAILAKANDI
ASSAM
PIN- 788151.
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS.
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
12.05.2022
Heard the learned counsels for the parties.
Issue Rule, returnable on 21.06.2021.
A perusal of the instant writ petitions shows that the issue so raised in
the these writ petitions pertains to as to whether the petitioners, who are
dropped teachers, are entitled to the benefit of the Assam Pension Rules,
1969 or covered under the New Pension Contributory Scheme. The said issue
would require an in-depth analysis of both the 1969 Rules as well as the New
Page No.# 26/29
Pension Contributory Scheme.
Though the issue involved in the instant writ petitions is the same for all
the writ petitioners but the interest of the writ petitioners are not identical
inasmuch as the Right to get Pension and under which scheme the pension
should be granted is personal to each and every writ petitioner and as such,
each and every writ petitioner has an individual and distinct interest. In this
regard, this Court would like to take into consideration the provisions of Rule 1
of Chapter V-A of the Gauhati High Court Rules. The relevant portion of the
said Rule 1 is quoted herein below:
"1. An application for a direction or order or writ under Article 226 of
the Constitution of India, other than writ of habeas corpus, shall be
drawn up in the form contained in the schedule to this Chapter and shall
be accompanied by an affidavit verifying the facts relied upon.
Separate applications should be filed for each individual where
interests are not identical even if there is one common order covering
several cases and the facts of each case should be separately supported
by affidavit.
Provided that more than one such individual can jointly file a single
writ petition on each of them paying court fee payable on such
application."
A perusal of the proviso as above quoted would show that more than
one such individual can jointly file a single writ petition on each of them
paying Court fee payable on such application. This proviso came up for
consideration before the Division Bench of this Court in the case of
Nishitendu Dhar V. State of Assam & Anr. reported in 1998 (3) GLT 290 . The
Division Bench of this Court observed at paragraphs 10 and 11 of the said
judgment which is reproduced herein below:
"(10) Thus the proviso to second paragraph of Rule 1 of Chapter VA of
the Rules of the gauhati High Court inserted by the impugned
amendment cannot be interpreted to mean as making a general rule that
in every case when a single writ petition is filed by several individuals
Page No.# 27/29
court fees will have to be paid by each such individual separately on the
writ application. The said proviso has to be read only as an exception to
the main enactment to which it is appended i.e. the second paragraph of
Rule 1 Chapter VA of the Rules of the Gauhati High Court. Since the
second paragraph does not provide for separate applications to be filed
by several individuals where interests are identical, the impugned proviso
cannot enlarge the scope of the second paragraph of the said Rule 1 and
provide that a single petition cannot be filed by several individuals even
where interests are identical unless separate Court fee is paid for each of
the several individuals joining in the single writ petition. In our opinion,
the impugned proviso only provides an exception from the general rule
stated in the second paragraph of the Rule 1 of Chapter V-A of the Rules
of the Gauhati High Court that separate applications have to be filed
where interests are not identical and the exception is that a single
application may also be filed by several individuals where interests are
not identical provided separate court fee is paid for each such individual
joining in the single application. But we may hasten to add that even in
such a case when a single application is sought to be field by several
individuals not having identical interests by paying separate set of Court
fees for each individual, the High Court can, consistent with the
principles in Order 1 Rule 2 CPC, always insist in filing of separate writ
petition by each such individual where it deems fit.
(11) On the view we have taken above, there is no conflict at all
between the proviso sought to be inserted by the impugned notification
dated 19. 8. 92 and Schedule II to the Court Fees Act, 1890, as
amended by the Court Fees (Assam Amendment) Act, 1972 and the
principles of Order 1 Rule 1 CPC, it is only in those cases where the
interests of the individuals joining in the writ petition are not identical
and where the principles of Order 1 Rule 1 CPC are not applicable, i.e.
where a single petition by several individuals is really not permissible
under law, that separate set of Court fee will be payable for each such
individual joining in the single writ petition. On this interpretation given
by us to the impugned proviso, it is not necessary for us to strike down
the proviso inserted below the second paragraph of Rule 1 of Chapter V-
A of the Rules of the Gauhati High Court under the impugned notification
dated 19. 8. 92 and the Registry of the High Court would keep in mind
the observations made herein while requiring the petitioner to pay Court
fee on a writ application or petition presented to the High Court under
Article 226 of the Constitution."
A perusal of the said above quoted paragraphs would show that the
proviso only provides an exception from the general Rules stated in the
second paragraph of Rule 1 of Chapter VA of the Rules of Gauhati High
Page No.# 28/29
Court that separate applications have to be filed where interests are not
identical and the exception is that a single application may also be filed by
several individuals where interests are not identical provided separate Court
fee is paid for each such individual joining in the single application. It was
further clarified that when a single application is sought to be filed by several
individuals not having identical interests by paying separate set of Court fees
for each individual, the High Court can, consistent with the principles of
Order 1 of Rule 2 CPC insist in filing by a separate writ petition by each such
individual where it deems fit. In paragraph 11 of the said judgment, it was
further clarified that it is only in those cases where the interest of the
individuals joining in the writ petition are not identical and where the
principles of Order 1 Rule 1 CPC are not applicable i.e. where a single
petition by several individuals is really not permissible under law, separate
set of Court fees will be payable for each such individual joining in the single
writ petition. As in the instant case, the issue involved insofar as all the writ
petitioners are concerned is identical, however, the interest of each of the
petitioners are distinct and personal to them and as such, this Court is of the
opinion that each and every petitioner has to pay the requisite Court fee.
The Registry is directed to verify the records and inform the counsels of the
petitioners to take necessary steps for payment of the deficit Court fee. Upon
payment of the said Court fee, let the matter be listed for hearing on
21.06.2022.
In the meantime, the Government shall file their affidavit(s) indicating
therein as to whether the Government has taken steps in terms with the New
Pension Contributory Scheme in respect to each of the petitioners.
The Registry is directed to bring to the notice of the concerned Section so
that due steps can be taken in that regard for compliance.
Page No.# 29/29
Registry is directed to segregate these matters from the connected
bunch of the writ petitions.
JUDGE
Comparing Assistant
