Sirajul Hoque Barbhuiya vs Md. Saykul Islam Laskar And 5 Ors
2025 Latest Caselaw 3437 Gua

Gauhati High Court

Sirajul Hoque Barbhuiya vs Md. Saykul Islam Laskar And 5 Ors on 24 February, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                     Page No.# 1/3

GAHC010031132025




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

                           Case No. : WP(C)/1012/2025

         SIRAJUL HOQUE BARBHUIYA
         S/O- LATE ABDUL HAMID BARBHUIYA, R/O- BOALIPAR BAZAR, DIST.
         HAILAKANDI, PIN- 788151.



         VERSUS

         MD. SAYKUL ISLAM LASKAR AND 5 ORS
         S/O- LATE SAMS UDDIN LASKAR, R/O- VILL.- BOALIPAR PART-II, P.O.
         BOALIPAR BAZAR, DIST. HAILAKANDI, ASSAM

         2:THE STATE OF ASSAM
         TO BE REPRESENTED BY SECRETARY TO THE GOVT. OF ASSAM
          EDUCATION (SECONDARY) DEPARTMENT
          DISPUR
          GUWAHATI-781006 NOW RE-DESIGNATED AS SECRETARY
          SCHOOL EDUCATION DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:ADDITIONAL DISTRICT COMMISSIONER/IN-CHARGE
         THE DISTRICT SCRUTINY COMMITTEE FOR SECONDARY EDUCATION
          HAILAKANDI
         ASSAM
          PIN- 788151.

         4:THE INSPECTOR OF SCHOOLS
          HAILAKANDI
          HDC
          P.S. AND DIST. HAILAKANDI
         ASSAM
          PIN- 788151.
                                                                        Page No.# 2/3

             5:THE SUPERINTENDENT CUM SECRETARY
              MANAGING COMMITTEE OF MOHAMMADIA SENIOR MADRASSA
              NOW AMALGAMATED WITH I.R. LASKAR MEMORIAL HIGH SCHOOL
              NITAINAGAR PART-III
              P.O. NITAINAGAR
              DIST. HAILAKANDI
             ASSAM
              PIN- 788151.

             6:TREASURY OFFICER
              HAILAKANDI
              P.O. AND DIST. HAILAKANDI
             ASSAM
              PIN- 788151

Advocate for the Petitioner : MR. R P SARMAH, MR. N H MAZARBHUIYAN,MS. L
WAJEEDA,MR. M H SAIKIA,R ALI,MR R I BHUYAN

Advocate for the Respondent : SC, SEC. EDU., FOR CAVEATOR,MR A K DAS,MR. M KHAN,SC,
FINANCE




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                       ORDER

24.02.2025

Heard Mr. R.P. Sarmah, learned Senior Counsel for the petitioner assisted by Mr. M.H. Saikia, learned counsel.

The petitioner has put to challenge the judgment dated 18.12.2024 passed by the Additional District Judge, Hailakandi in Misc.(ET) Case No.01/2018, by which the Additional District Judge has held that the respondent no.1 is entitled to provincialisation of his service, and while declaring that the appointment of the petitioner was illegal.

The case of the petitioner is that the petitioner had joined as an Office Assistant in the year 1991 and the respondent no.1 had joined in 1994. On the Page No.# 3/3

other hand, the case of the respondent no.1 is that the petitioner had joined in 2003, while the respondent no.1 had joined in the year 1994.

Issue Notice returnable in 4 (four) weeks.

Mr. M. Khan, learned counsel appears for the respondent no.1/caveator, Mr. P. Das, learned counsel accepts notice on behalf of respondent nos.2, 3 & 4 and Ms. R.M. Barooah, learned counsel accepts notice on behalf of the respondent no.6.

Petitioner to take steps for service of notice upon the respondent no.5 by registered post with AD within 3 (three) days.

Registry to call for the records from the Educational Tribunal, Hailakandi/Additional District Judge, Hailakandi.

List the matter after four weeks.

JUDGE

Comparing Assistant