Gauhati High Court
Nijara Deka vs The State Of Assam And 6 Ors. B on 20 February, 2023
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GAHC010171732022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/321/2022
NIJARA DEKA
D/O- SRI SUNASWAR DEKA, VILL.- KHATA DHAMDHAMA, P.O.- BARBARI
KALANG, DIST.- NALBARI, ASSAM, PIN- 781351
VERSUS
THE STATE OF ASSAM AND 6 ORS. B
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM,
SECONDARY EDUCATION DEPTT., DISPUR, GHY- 6.
2:DIRECTOR
SECONDARY EDUCATION DEPTT.
ASSAM
KAHILIPARA
GHY- 19.
3:JOINT DIRECTOR
SECONDARY EDUCATION DEPTT.
ASSAM
KAHILIPARA
GHY- 19.
4:INSPECTOR OF SCHOOLS
NALBARI DIST. CIRCLE
NALBARI
ASSAM.
5:PRINCIPAL
P.B. DHIRUDUTTA H.S. SCHOOL
P.O.- KP BARKHALA
DIST.- NALBARI
PIN- 781350.
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6:JOYMATI KALITA
SUBJECT TEACHER ASSAMESE
P.B. DHIRUDUTTA H.S. SCHOOL
P.O.- KP BARKHALA
DIST.- NALBARI
PIN- 781350.
7:KANAK CHANDRA TALUKDAR
RTD. PRINCIPAL
P.B. DHIRUDUTTA H.S. SCHOOL
R/O VILL.- UTTAR GANAKGARI
P.O. and P.S.- SORBHOG
DIST.- BARPETA
ASSAM
PIN- 781317
Advocate for the Petitioner : MR. U K GOSWAMI
Advocate for the Respondent : SC, SEC. EDU.
Linked Case : I.A.(Civil)/2669/2022
NIJARA DEKA
D/O- SRI SUNASWAR DEKA
VILL.- KHATA DHAMDHAMA
P.O.- BARBARI KALANG
DIST.- NALBARI
ASSAM
PIN- 781351.
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
DISPUR
GHY- 6.
2:DIRECTOR
SECONDARY EDUCATION DEPTT.
ASSAM
Page No.# 3/5
KAHILIPARA
GHY- 19.
3:JOINT DIRECTOR
SECONDARY EDUCATION DEPTT.
ASSAM
KAHILIPARA
GHY- 19.
4:INSPECTOR OF SCHOOLS
NALBARI DIST. CIRCLE
NALBARI
ASSAM.
5:PRINCIPAL
P.B. DHIRUDUTTA H.S. SCHOOL
P.O.- KP BARKHALA
DIST.- NALBARI
PIN- 781350.
6:JOYMATI KALITA
SUBJECT TEACHER ASSAMESE
P.B. DHIRUDUTTA H.S. SCHOOL
P.O.- KP BARKHALA
DIST.- NALBARI
PIN- 781350.
7:KANAK CHANDRA TALUKDAR
RTD. PRINCIPAL
P.B. DHIRUDUTTA H.S. SCHOOL
R/O VILL.- UTTAR GANAKGARI
P.O. and P.S.- SORBHOG
DIST.- BARPETA
ASSAM
PIN- 781317.
------------
Advocate for : MR. L GOGOI
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 6 ORS.
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 20-02-2023
Heard the learned counsel for the parties.
This appeal is directed against the judgment and order dated 30.06.2022, passed
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by the learned Single Judge in WP(C) 5928/2016 dismissing the writ petition filed by
the appellant as the petitioner.
The appellant had initially joined the P.B. Dhirudutta Higher Secondary School on
04.04.2004 as a Computer Teacher. Subsequently, she had resigned from that post
and later on was appointed as a Subject Teacher in Assamese in that school vide
appointment letter dated 05.04.2010. According to the appellant/petitioner, she had
joined the post of Subject Teacher in Assamese on 06.04.2010 though she was
actually serving in the school with effect from 02.04.2010. However, on the
instructions of the respondent no. 5, i.e. Principal of the school, she had submitted
one joining letter on 10.04.2010. The respondent No. 6 had also joined the said school
as a Subject Teacher on 10.04.2010. Since the date of joining in service of the
appellant and the respondent No. 6 was the same day, i.e. 10.04.2010, hence, dispute
arose as to their seniority. By taking into account their dates of birth, the respondent
No. 6 was found to be senior to the appellant. Aggrieved thereby, the appellant had
instituted the writ petition, being WP(C) 3231/2013, alleging anomaly in determination
of inter se seniority between the appellant and the respondent No. 6. The writ petition
was dismissed by the learned Single Judge by the impugned order dated 30.06.2022.
Earlier, by an order dated 13.06.2013 passed by the learned Single Judge in
WP(C) 3231/2013 instituted by the present appellant, the Director of Secondary
Education, Assam, was directed to determine the inter se seniority of the appellant
and the respondent No. 6 upon examination of the documents including the school
Attendance Register. Accordingly, upon examination of the relevant documents and
after affording opportunity of hearing to both the parties, the Director of Secondary
Education, Assam, had held that since the date of joining of both the candidates was
10.04.2010, respondent No. 6 was senior to the appellant as per her date of birth.
Mr. Goswami, learned counsel for the appellant has advanced arguments to
convince this Court that the finding of the Director of Secondary Education was not
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correct. However, there is no material available on record to substantiate the said
argument.
Mr. Mazumdar, learned Standing counsel, Education Department has submitted
that the relevant contemporaneous records, including the Attendance Register, are
missing.
Be that as it may, in order to reverse the finding of the learned Single Judge, we
would have to arrive at a conclusion that the finding recorded in the impugned order
dated 30.06.2022 is perverse, which cannot be done unless there are cogent and
convincing materials available on record to support such a conclusion. Moreover,
accepting the submission of Mr. Goswami that his client was serving in the school prior
to 10.04.2010 without there being any documentary evidence to establish the same,
in our view, would amount to going into disputed questions of facts, which cannot be
adjudicated in a writ proceeding. If the appellant is inclined to adduce oral evidence in
support of her above claim, then this is not the appropriate forum to do so.
In view of the reasons discussed above, we do not find any justifiable ground to
interfere with the judgment and order passed by the learned Single Judge. Accordingly
the appeal is dismissed.
The appellant is, however, given the liberty to pursue appropriate legal remedy,
as may be available to her under the law, if so advised.
JUDGE CHIEF JUSTICE
Comparing Assistant
