Bijay Lakshmi Sarma vs The State Of Assam And 4 Ors
2023 Latest Caselaw 1279 Gua

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GAHC010142352022




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

                                 Case No. : WP(C)/4876/2022

            BIJAY LAKSHMI SARMA
            W/O- SRI UTPAL CHAKRABORTY,
            VILLAGE- KALDOBA PART-I,
            P.O.- AGOMANI,
            P.S.- AGOMANI,
            DIST.- DHUBRI, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
            OF ASSAM, EDUCATION ( ELEMENTARY) DEPARTMENT, DISPUR,
            GUWAHATI- 781006.

            2:THE DIRECTOR OF ELEMENTARY EDUCATION
            ASSAM, KAHILIPARA, GUWAHATI- 781019.

            3:THE DEPUTY INSPECTOR OF SCHOOLS
             DHUBRI,
             P.O. AND DISTRICT- DHUBRI, ASSAM, PIN- 783301.

            4:THE BLOCK ELEMENTARY EDUCATION OFFICER
            AGOMANI EDUCATION BLOCK
             P.O. AGOMANI, DISTRICT- DHUBRI
            ASSAM. PIN- 783335.

            5:THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM
             FINANCE DEPARTMENT, DISPUR, GUWAHATI- 781006

Advocate for the Petitioner   : MR. D A KAIYUM

Advocate for the Respondent : SC, ELEM. EDU
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 29.03.2023

Heard Mr. D.A. Kaiyum, the learned counsel appearing on behalf of the petitioner. Mr. P.N. Sarma, the learned counsel appearing on behalf of the respondent Nos. 1 to 4 and Mr. R. Borpujari, the learned Standing Counsel appears on behalf of the Finance Department.

Mr. R. Borpujari, the learned Standing Counsel submits that in pursuance to the judgment and order dated 8/6/2017 passed in W.A. No. 45/2014, the Finance Department has directed each and every department to furnish the names of Casual and Muster roll Workers who were appointed in respect to non sanctioned post who have rendered service of 10 years prior to 1/6/2017. Under such circumstances, the learned counsel submits that it is the Elementary Education Department who needs to furnish instructions in this regard as to whether they have send the names to the Finance Department inasmuch as those names sent to the Finance Department have been cleared.

The learned counsel appearing on behalf of the petitioner submits that he has no instruction as regards the present status of the employment of the petitioner.

Mr. P.N. Sarma, the learned counsel submits that he would like to take instructions in the matter.

Let the matter be listed on 10th of May, 2023, on which date Mr. P.N. Sarma, the learned counsel shall obtain the necessary instructions.

JUDGE

Comparing Assistant