Gauhati High Court
Prafulla Bhuyan vs The State Of Assam And 4 Ors on 31 May, 2023
Page No.# 1/3
GAHC010097832023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2530/2023
PRAFULLA BHUYAN
S/O- LATE GUNARAM BHUYAN,
VILL- NAWSALIA GAON,
P.O.- SATRIA, P.S.-PULIBOR,
DIST- JORHAT, PIN- 785616.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM,
DEPARTMENT OF SECONDARY EDUCATION, DISPUR,
GUWAHATI- 781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI- 781019.
3:THE INSPECTOR OF SCHOOLS (I.S.) JORHAT DISTRICT CIRCLE
JORHAT.
4:THE HEADMASTER OF BHAKATPAMUA HIGH SCHOOL
SATRIA GAON
JORHAT-16.
5:PRESIDENT/ SECRETARY
SMC
BHAKATPAMUA HIGH SCHOOL
SATRIA GAON
JORHAT-16
Advocate for the Petitioner : MR. N ISLAM
Advocate for the Respondent : SC, SEC. EDU.
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
31-05-2023
Heard Shri R. K. Das, learned counsel for the petitioner.
By means of this application has prayed for a direction for consideration of the
case of the petitioner, who is serving as a Gr-IV Employee (Peon) in the Bhakatpamua
High School under the Jorhat District Circle for promotion to the post of Junior
Assistant/LDA. The petitioner claims to have been serving and in the aforesaid
capacity of Gr-IV for the past 25 years.
Shri Das, the learned counsel has however fairly submitted that the issue
regarding the provisions in the Rule was considered by the Hon'ble Division Bench in a
number of cases including WP(C) No. 997/2016 which were disposed of vide order
dated 11.09.2019. In the penultimate part of the judgment, the aforesaid directions
have been made:-
"25. Mr. Goswami is right in submitting that though the Government was alive to the
need to provide promotional avenues to Class IV employees, the same, however, did
not materialise in the 2003 Rules. In the present facts and circumstances, we are of
the considered opinion that it will be in the interest of justice to mould the relief by
directing the respondents to consider framing suitable provision for promotion of Class
IV employees to the post of Junior Assistant by prescribing such eligibility criteria, as it
may deem appropriate, in addition to filling up the posts of Junior Assistant by way of
direct recruitment, within a period of six months. "
It is the case of the petitioner that in spite of such directions, the case of the
petitioner has not been considered.
On the other hand, Shri B. Kaushik, the learned Standing Counsel, Secondary
Education Department submits that the aforesaid direction was considered and in fact
the Assam Secondary Education (Provincialised) Service Rules, 2003 was
replaced by a new set of Rules being Assam Secondary Education
(Provincialised Schools) Rules 2018 . Even in the new Rule, the post of Gr-III are
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filled up on the basis of direct recruitment. He further submits that the records do not
substantiate that at any earlier point of time, the petitioner had applied for a direct
recruitment.
Be that as it may, issue notice, returnable by 4 (four) weeks.
Shri B. Kaushik, the learned Standing Counsel, Secondary Education Department
accepts notice on behalf of respondent Nos. 1 to 3.
Let extra copy of the writ petition be served upon him by tomorrow.
Let steps be taken for service of notice upon the respondent Nos. 4 & 5 by
registered post with A/D.
Steps by tomorrow.
JUDGE
Comparing Assistant
