Gauhati High Court
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GAHC010153342022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5048/2022
JAYANTA SAIKIA AND 3 ORS
S/O LT. PURNA KT. SAIKIA, R/O VILL. AND P.O. SANDAHKHOWA, DIST.
LAKHIMPUR 787054 ASSAM
2: KHAIRUL HABIB WARESH
S/O LT. A K M ABDUL WAHAB MIAN
VILL. NADIKA
P.O. ISLAMGAON
DIST. LAKHIMPUR 787054 ASSAM
3: MIDUL PHUKAN
S/O PRODIP PHUKAN R/O VILL. MENEHA
P.O. LALUK DIST. LAKHIMPUR 784160 ASSAM
4: SUSANTA KR. BORDOLOI
S/O LT. DEVESHWAR BORDOLOI
R/O VILL. BONGALMORA THENGAL P.O. ISLAMGAON
DIST. LAKHIMPUR 787054 ASSA
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY OF THE GOVT. OF ASSAM,
SECONDARY EDUCATION DEPTT. DISPUR ASSAM, GUWAHATI-781006
2:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
ASSAM
GUWAHATI-781019
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPTT. DISPUR
781006 ASSA
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Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
09-09-2022
Heard Mr. U.K. Nair, learned senior counsel, assisted by Mr. B. Choudhury,
learned counsel for the petitioners. Also heard Mr. B. Kaushik, learned standing
counsel, Secondary Education Department, appearing for the respondent Nos. 1
and 2 as well as Mr. A. Chaliha, learned standing counsel for the Finance
Department appearing for respondent No. 3.
The petitioners, in the present writ petition, were appointed as Lecturers
in different colleges. The Cabinet took a decision on 28-02-2016, giving approval
for regularization of the Lecturers, who were appointed before the colleges
came under deficit grants in aid and also received Government concurrence and
subsequently provincialised under the Assam Junior Colleges (Provincialisation)
Act, 2012. Consequent to such cabinet decision dated 28-02-2016, the Principal
Secretary to the Government of Assam, Secondary Education Department,
issued an Office Memorandum dated 02-03-2016, specifying the terms of
regularization for Lecturers, who were appointed prior to 01-02-2001 in respect
of 48 Junior Colleges and 29-11-2010 in respect of 05 Junior Colleges.
Similarly situated petitioners approached this Court by fling WP(C) No.
1051/2022. The said writ petition was disposed of by order dated 30-05-2022
with the following directions:
"4.In the judgment dated 17.11.2021 in WP(C) No. 3816/2021, it had
been held that the Commissioner and Secretary to the Government of
Assam in the Secondary Education Department being an authority lower
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than the Cabinet, could not have taken a decision which was in conflict
with the decision of the Cabinet and accordingly, the said notification was
interfered. The said writ petition was in respect of 42 of the Lecturers of
the Junior Colleges, whose names were included in the Office
Memorandum dated 02.03.2016. 5. This writ petition is by the other 11
Lecturers, whose names are also included in the said Office Memorandum
dated 02.03.2016. 6. In view of the similarity of the situation in respect of
the petitioners in WP(C) No. 3816/2021 and the present writ petitioners,
we also allow this writ petition by providing that the regularization of the
present petitioners would be governed by the Office Memorandum dated
02.03.2016 and the respondent Page No.# 5/5 authorities may work upon
it and bring the process to its logical end. In bringing the process to its
logical end, the respondents to also maintain the continuity in the
payment of the service benefits to the present petitioners while bringing
the process to its logical end as per the Office Memorandum dated
02.03.2016. The writ petition is allowed to the extent as indicated above."
The petitioners, in the present writ petition, claims parity with the
petitioners in WP(C) No. 1051/2022.
Mr. B. Kaushik, learned standing counsel, Secondary Education
Department as well as Mr. A. Chaliha, learned standing counsel for the Finance
Department also submit that the petitioners are covered by the order dated 30-
05-2022, passed in WP(C) No. 1051/2022.
Accordingly, on consensus, this writ petition is disposed of directing the
respondents that the case of the petitioners hereinshall be covered by the order
dated 30-05-2022, passed in WP(C) No. 1051/2022.
The respondents are directed to act according to the directions given in
the order dated 30-05-2022, passed in WP(C) No. 1051/2022, in respect of the
present petitioners.
It is made clear that the regularization of the petitioners shall be done in
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terms of the office memorandum dated 02-03-2016.
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
