Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 3 Ors on 22 November, 2024
Page No.# 1/4
GAHC010070752022
2024:GAU-AS:11429
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2572/2022
ANIL KR DAS
S/O- LT. SUKHUNA RAM DAS, R/O- WARD NO. 5, GANDHI NAGAR,
BARPETA, DIST.- BARPETA, ASSAM, PIN- 781301.
VERSUS
THE STATE OF ASSAM AND 3 ORS
TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
EDUCATION ELEMENTARY DEPTT., DISPUR, GHY.-06.
2:THE MISSION DIRECTOR
AXOM SARBA SIKSHA ABHIYAN MISSION
KAHILIPARA
GHY.-19.
3:THE DISTRICT MISSION COORDINATOR
AXOM SARBA SIKSHA ABHIYAN MISSION
DARRANG
MANGALDOI
ASSAM
PIN- 784125.
4:THE DISTRICT MISSION COORDINATOR
AXOM SARBA SIKSHA ABHIYAN MISSION
BARPETA
DIST.- BARPETA
ASSAM. PIN- 781301
Advocate for the Petitioner : MR H TALUKDAR, B R BRAHMA,MR. R SARMA
Advocate for the Respondent : SC, ELEM. EDU, SC, SSAM
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BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 22.11.2024
Heard Mr. H. Talukdar, learned counsel for the petitioner. Also heard Ms. S.
Chutia, learned standing counsel, Elementary Education Department for the
respondent No.1 and Mr. P. Nayak, learned standing counsel, SSA for the
respondent Nos. 2, 3 and 4.
2. The petitioner was initially appointed as LDA-cum-Typist in the Office of
District Elementary Education Officer, Kalaigaon Block on contract basis for a
period of 1(one) year by an order dated 16 th of March, 1996 issued by the
District Project Co-ordinator, APSAP, DPEP, Darrang, Mangaldai. Thereafter, by
an agreement dated 2nd of July, 2003, the petitioner was permitted to act as
Assistant Nazir at the DMC Office, Darrang for a period of 11(eleven) months.
The Agreement also provides that the agreement shall automatically lapse on
1st of June, 2004.
3. Thereafter, another agreement between the petitioner and the authorities
of the SSA was signed on 6th of October, 2006, permitting the petitioner to act
as Assistant Nazir in State Mission Office, SSA, Assam/District Mission Office for
a period of 11(eleven) months. The said agreement further provides that the
agreement shall automatically lapse on 02.09.2007.
4. In the meantime, the District Mission Co-ordinator, SSA, Darrang,
Mangaldai passed an Office Order dated 16.08.2007, releasing the petitioner
from the post of Assistant Nazir, SSA, Darrang in the forenoon of 16.08.2007.
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5. It is the case of the petitioner that he was released from the post of
Assistant Nazir inasmuch as there was a criminal case pending against him.
However, the said criminal case being GR Case No.435/2007 was disposed of on
21.11.2013 by the Court of the learned Judicial Magistrate, 1 st Class, Darrang
Mangaldai, acquitting the petitioner from the charges in the said criminal case.
The petitioner accordingly made a representation before the Mission Director,
SSA, Assam requesting for reinstatement in service on 05.12.2013. However, as
there was no response, the petitioner made another representation before the
Mission Director, SSA/respondent No.2 requesting for reinstatement back into
the service on 04.08.2017. Thereafter, by an order dated 22.02.2019, issued by
the Mission Director, SSA, Assam, the petitioner was engaged as Assistant Nazir
in the Office of the DMC, SSA, Barpeta against existing vacant post of
contractual basis for a period of 11(eleven) months from the date of his joining.
6. It is the case of the petitioner that as the petitioner has been acquitted in
the criminal case by the judgment dated 21.11.2013 passed in GR Case
No.435/2007, the petitioner is entitled to arrear salary w.e.f 21.11.2013 up to
21.02.2019.
7. Mr. P. Nayak, learned standing counsel, SSA submits that the agreement
signed between the petitioner and the authorities in the SSA on 6 th of October,
2006 had already expired on 02.09.2007 and as the petitioner was acquitted
only on 21.11.2013, the question of giving the arrear salary to the petitioner
does not arise, inasmuch as, the petitioner was no longer in service. He further
submits that the order dated 22.02.2019 by which the petitioner was engaged
as Assistant Nazir is a fresh appointment and not a continuation of the earlier
appointment. He however fairly submits that the authorities may be directed to
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look into the matter and pass appropriate orders in accordance with law.
8. After hearing the learned counsel for the parties and without expressing
any opinion on the merits of the case, this writ petition is disposed of directing
the respondent No.2 i.e., Mission Director, SSA, Assam to consider the case of
the petitioner as to whether he is entitled to arrear salary w.e.f 22.11.2013 up
to 21.02.2019 and whether he is entitled for equalization of pay along with
other Grade-III employees after verifying all records. Thereafter, the respondent
No.2 shall pass a reasoned order and in accordance with law within a period of
2(two) weeks from today.
9. With the above observations and directions, this writ petition stands
disposed of.
JUDGE
Comparing Assistant
