Page No.# 1/4 vs The State Of Assam And 2 Ors
2023 Latest Caselaw 2390 Gua

                                                                   Page No.# 1/4

GAHC010044572022




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

                           Case No. : WP(C)/2395/2022

         MD. NOUSHAD ALI AND 6 ORS
         S/O. LT. ISMAIL ALI, VILL. DHAMDHAMA, P.O. NIZ DHAMDHAMA, DIST.
         NALBARI, ASSAM.

         2: NAGESH BARZA BARO

          S/O. LT. AMIN CH. BARO
          R/O. UTTARPARA
          P.O. BAGANPARA
          DIST. BAKSA
          PIN-781344
          ASSAM.

         3: SONALI BRAHMA RAMCHIARY
          D/O. DEBANDRA NATH
          R/O. DAIMUGURI
          FATASIL AMBARI
          GUWAHATI-781025
         ASSAM.

         4: ANUP KALITA
          S/O. LT. BHUPENDRA KALITA
         VILL. MAZDIA
          P.O. CHOOK BAZAR
          NALBARI
         ASSAM.

         5: SYED ARIF HUSSAIN
          S/O. LT. SYED MANIRUDDIN AHMED
          R/O. AND P.O. BARPALAHA
          P.S. BAIHATA
          CHARIALI
          DIST. KAMRUP
         ASSAM-781121.
                                                                       Page No.# 2/4

           6: BOBITA BORAH
            D/O. JAPNESWAR BORAH
            R/O. VILL. NEW CENTRE
            SOOTEA
            DIST. BISWANATH
            PIN-784175
           ASSAM.

           7: JADURAM KALITA
            S/O. BALO KALITA
           VILL. ADIALENGI
            P.O. BALICHAPORI
            DIST. MAJULI
            PIN-785104
           ASSAM

           VERSUS

           THE STATE OF ASSAM AND 2 ORS
           REP. BY THE COMMISSIONER AND SECY. OF THE GOVT. OF ASSAM,
           SECONDARY EDUCATION DEPTT., DISPUR, ASSAM, GUWAHATI-781006.

           2:THE DIRECTOR OF SECONDARY EDUCATION

            KAHILPARA
            ASSAM
            GUWAHATI-781019.

           3:THE COMMISSIONER AND SECY.
           TO THE GOVT. OF ASSAM
            FINANCE DEPTT.
            DISPUR-781006
           ASSAM

Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : SC, SEC. EDU.

                                     BEFORE
                    HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                         ORDER

Date : 06-06-2023

Heard Mr. B. Choudhury, learned counsel for the petitioners. Also heard Mr. B. Kaushik, learned standing counsel Secondary Education Department and Ms. Page No.# 3/4

R.M. Baruah, learned standing counsel for the Finance Department .

2. 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.

3. 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 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. This writ petition is by the other 11 Lecturers, whose names are also included in the said Office Memorandum dated 02.03.2016.

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 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 Page No.# 4/4

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."

4. The petitioners, in the present writ petition, claims parity with the petitioners in WP(C) No. 1051/2022.

5. Mr. B. Kaushik, learned standing counsel, Secondary Education Department as well as Ms. R.M. Baruah, 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.

6. Accordingly, on consensus, this writ petition is disposed of directing the respondents that the case of the petitioners herein shall be covered by the order dated 30-05-2022, passed in WP(C) No. 1051/2022.

7. 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.

8. It is made clear that the regularization of the petitioners shall be done in terms of the office memorandum dated 02-03-2016.

9. The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant