Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 3 Ors on 3 June, 2024
Page No.# 1/7
GAHC010091442024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1440/2024
HASAN BAKT CHOUDHURY and 8 ORS.
S/O- AZIZUR RAHMAN CHOUDHURY, R/O- VILL- BUHADURPUR, POand PS-
NILAMBAZAR, DIST- KARIMGANJ, ASSAM.
2: SRI MANOJ MALAKAR
S/O- LT. MATILAL MALAKAR
R/O VILL- SUPRAKANDI
PO- MANIKGANJ
PS- KARIMGANJ
DIST- KARIMGANJ
3: AKBAR HUSSAIN CHOUDHURY
S/O LT. ABDUL HASIB CHOUDHURY
R/O VILL- GOUASHPUR
PO- JANAKALYA N BAZAR
PS- KARIMGANJ
DIST- KARIMGANJ
4: MANSUR AHMED KHAN
S/O LT. ABDUS SUKKUR KHAN
R/O VILLPO-SUDARASHI
DIST- KARIMGANJ
5: ABDUL KADIR CHOUDHURY
S/O LT. HAJI MAULAVI SAID ALI CHOUDHURY
R/O VILL- DHIT BATARASHI
PO- TILLABAZAR
DIST- KARIMGANJ
6: HUSNA BEGUM CHOUDHURY
W/O- ABDUL SALAM
R/O VILL- LAFASHAIL
PO- LAKSHMI BAZAR
DIST- KARIMGANJ
Page No.# 2/7
7: NASRIN SULTANA CHOUDHURY
W/O- KAMAL UDDIN
R/O VILL- DHIT BATARASHI
PO- TILLABAZAR
DIST- KARIMGANJ
8: MUSTAQUE AHMED
S/O- MUHIBUR RAHMAN
R/O VILL- BONUGRAM
POandPS- NILAMBAZAR
DIST- KARIMGANJ
9: ON THE DEATH OF HABIBUR RAHMAN
HIS LEGAL HEIRS
S/O- LT. FIROZ ALI
R/O VILL- FAROMPASHA
PO and PS- NILAMBAZAR
DIST- KARIMGANJ
10: FATIMA BEGUM
W/O LATE HABIBUR RAHMAN
R/O FARAMPASHA
NILAM BAZAR
FARAMPASHA PART-I
NILAM BAZAR
DIST-KARIMGANJ
ASSAM
11: DILWAR HUSSAIN TALUKDAR
S/O LATE HABIBUR RAHMAN
R/O FARAMPASHA
NILAM BAZAR
FARAMPASHA PART-I
NILAM BAZAR
DIST-KARIMGANJ
ASSAM
12: SAHMINA BEGUM TALUKDAR
D/O LATE HABIBUR RAHMAN
R/O FARAMPASHA
NILAM BAZAR
FARAMPASHA PART-I
NILAM BAZAR
DIST-KARIMGANJ
ASSAM
13: AHMED HUSSAIN TALUKDAR
S/O LATE HABIBUR RAHMAN
Page No.# 3/7
R/O FARAMPASHA
NILAM BAZAR
FARAMPASHA PART-I
NILAM BAZAR
DIST-KARIMGANJ
ASSAM
14: SAHARA SULTANA TALUKDAR
D/O LATE HABIBUR RAHMAN. R/O FARAMPASHA
NILAM BAZAR
FARAMPASHA PART-I
NILAM BAZAR
DIST-KARIMGANJ
ASSA
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT,
ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
EDUCATION ELEMENTARY DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GUWAHATI-781006
3:DIRECTOR OF ELEMENTARY EDUCATION
ASSAM KAHILIPARA GUWAHATI-781019
4:DEPUTY INSPECTOR OF SCHOOLS
KARIMGANJ PO- KARIMGANJ DIST- KARIMGANJ
ASSAM PIN
Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate)
Advocate for the Respondent : SC, ELEM. EDU
Linked Case : WP(C)/6585/2013
HASAN BAKT CHOUDHURY and 8 ORS.
S/O- AZIZUR RAHMAN CHOUDHURY
R/O- VILL- BUHADURPUR
POand PS- NILAMBAZAR
DIST- KARIMGANJ
ASSAM.
Page No.# 4/7
2: SRI MANOJ MALAKAR
S/O- LT. MATILAL MALAKAR
R/O VILL- SUPRAKANDI
PO- MANIKGANJ
PS- KARIMGANJ
DIST- KARIMGANJ
3: AKBAR HUSSAIN CHOUDHURY
S/O LT. ABDUL HASIB CHOUDHURY
R/O VILL- GOUASHPUR
PO- JANAKALYA N BAZAR
PS- KARIMGANJ
DIST- KARIMGANJ
4: MANSUR AHMED KHAN
S/O LT. ABDUS SUKKUR KHAN
R/O VILLPO-SUDARASHI
DIST- KARIMGANJ
5: ABDUL KADIR CHOUDHURY
S/O LT. HAJI MAULAVI SAID ALI CHOUDHURY
R/O VILL- DHIT BATARASHI
PO- TILLABAZAR
DIST- KARIMGANJ
6: HUSNA BEGUM CHOUDHURY
W/O- ABDUL SALAM
R/O VILL- LAFASHAIL
PO- LAKSHMI BAZAR
DIST- KARIMGANJ
7: NASRIN SULTANA CHOUDHURY
W/O- KAMAL UDDIN
R/O VILL- DHIT BATARASHI
PO- TILLABAZAR
DIST- KARIMGANJ
8: MUSTAQUE AHMED
S/O- MUHIBUR RAHMAN
R/O VILL- BONUGRAM
POandPS- NILAMBAZAR
DIST- KARIMGANJ
9: ON THE DEATH OF HABIBUR RAHMAN
HIS LEGAL HEIRS
S/O- LT. FIROZ ALI
R/O VILL- FAROMPASHA
PO and PS- NILAMBAZAR DIST- KARIMGANJ
Page No.# 5/7
9.1: FATIMA BEGUM
W/O LATE HABIBUR RAHMAN
R/O FARAMPASHA
NILAM BAZAR
FARAMPASHA PART-I
NILAM BAZAR
DIST-KARIMGANJ
ASSAM
9.2: DILWAR HUSSAIN TALUKDAR
S/O LATE HABIBUR RAHMAN
R/O FARAMPASHA
NILAM BAZAR
FARAMPASHA PART-I
NILAM BAZAR
DIST-KARIMGANJ
ASSAM
9.3: SAHMINA BEGUM TALUKDAR
D/O LATE HABIBUR RAHMAN
R/O FARAMPASHA
NILAM BAZAR
FARAMPASHA PART-I
NILAM BAZAR
DIST-KARIMGANJ
ASSAM
9.4: AHMED HUSSAIN TALUKDAR
S/O LATE HABIBUR RAHMAN
R/O FARAMPASHA
NILAM BAZAR
FARAMPASHA PART-I
NILAM BAZAR
DIST-KARIMGANJ
ASSAM
9.5: SAHARA SULTANA TALUKDAR
D/O LATE HABIBUR RAHMAN. R/O FARAMPASHA
NILAM BAZAR FARAMPASHA PART-I NILAM BAZAR
DIST-KARIMGANJ ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM EDUCATION ELEMENTARY DEPARTMENT
ASSAM SECRETARIAT DISPUR GUWAHATI-781006.
Page No.# 6/7
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
EDUCATION ELEMENTARY DEPARTMENT ASSAM SECRETARIAT
DISPUR GUWAHATI-781006
3:DIRECTOR OF ELEMENTARY EDUCATIONASSAM
KAHILIPARA GUWAHATI-781019
4:DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ
PO- KARIMGANJ DIST- KARIMGANJ ASSAM PIN-
------------
Advocate for : MR.K KONWAR
Advocate for : appearing for THE STATE OF ASSAM AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 03.06.2024
Heard Mr. K. M. Mahanta, learned counsel for the applicants. Also heard Mr. G.
Pegu, learned standing counsel, Elementary Education Department, appearing for the
respondents.
The present interlocutory application has been instituted by the applicants,
praying for correction of typographical errors which have crept in the judgment & order,
dated 15.12.2023, passed by this Court in the connected writ petition being
WP(c)6585/2013.
Mr. Mahanta, learned counsel for the applicants, submits that the typographical
errors have occasioned in paragraph No. 7 of the said judgment & order, dated
15.12.2023, and he, therefore, prays for correction of the same.
I have heard the learned counsels appearing for the parties and also perused the
materials on record.
Page No.# 7/7
It is seen that a typographical error has admittedly occasioned in paragraph No. 7
of the said judgment & order, dated 15.12.2023, passed in WP(c)6585/2013, with regard
to the dates as mentioned therein and the same is to be rectified by this Court.
Accordingly, the paragraph No. 7 as existing in the judgment & order, dated
15.12.2023, passed by this Court in WP(c)6585/2013, shall now be read as under:
"7. What is noticeable is that the petitioners were already appointed in the year 1999 in
terms of the same very select list and they were continuing in their services. No termination
orders have been brought on record to demonstrate that before the passing of the order dated
19.08.2009, the services of the petitioners continuing since 1999 against appointments effected in
their case from the same very select list dated 27.10.1999 was in any manner terminated. The
order dated 22.12.2009 (Annexure VII to the writ petition) at best would be an order which had
the effect of validating the appointments effected in the case of the petitioners way back in the
year 1999 from the same very select list which was approved vide the order dated 22.12.2009.
Accordingly, the petitioners have to be deemed in regular service w.e.f. 19.08.2009 and the order
dated 19.08.2009 has to be understood to be an order validating the appointment of the
petitioners effected in the year 1999 from the select list dated 27.10.1999."
This order would also form a part of the judgment & order, dated 15.12.2023,
passed by this Court in WP(c)6585/2013, and to be construed together for all intent and
purpose.
With the above directions and observations, this interlocutory application stands
disposed of.
JUDGE
Comparing Assistant
