Shahidul Islam vs Dr Bijoya Choudhury
2025 Latest Caselaw 2448 Gua

Gauhati High Court

Shahidul Islam vs Dr Bijoya Choudhury on 29 January, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

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GAHC010009792025




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

                                  Case No. : Cont.Cas(C)/29/2025

            SHAHIDUL ISLAM
            S/O ATABUDDIN AHMED, R/O KHALONIBIL, BURHABURI, DIST-
            MORIGAON, PIN-782411, ASSAM



            VERSUS

            DR BIJOYA CHOUDHURY, IAS AND 3 ORS
            SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION
            (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM

            2:MS. MAMATA HOJAI
             DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI-781019

            3:APURBA THAKURIA
             INSPECTOR OF SCHOOL
             MORIGAON DISTRICT CIRCLE
             DIST-MORIGAON

            4:JAYANT NARLIKAR
             IAS
            THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
             DEPARTMENT OF FINANCE
             DISPUR
             GUWAHATI-78100

Advocate for the Petitioner   : MS. RUKMINI BARUA, MS. PADMINI BARUA

Advocate for the Respondent : ,
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                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                       ORDER

29.01.2025

Heard Ms. R. Barua, learned counsel for the petitioner, who submits that paragraph-15, 16 & 17 of the judgment and order dated 08.02.2024 passed in WP(C) 7369/2022 has not been complied with.

Paragraph-15, 16 & 17 of the judgment and order dated 08.02.2024 states as follows :

"15. Under such circumstances, the government is now required to examine and pass a speaking order in respect of each of these petitioners. If the order of provincialization was issued on the basis of correct documents wherein it is reflected that the subject concurrence was received after 01.01.2006, in the event, the government takes a decision that their provincializations are to be cancelled, then the petitioners will have to be put to a proper notice before such cancellation orders are to be issued. The respondents cannot rely on Clause 5 of the order dated 04.02.2021 to arrive at a conclusion that the order of provincialization of the petitioners have been deemed tobe cancelled. In the event, the department finds that their provincialisation is in contravention with the provisions of the Act, then the school management authority will be directed to pay the salaries of the petitioners and proposals afresh for seeking provincialisation of the petitioners will be put up before the authority for necessary consideration.

16. With the above observations, the writ petitions stand disposed of.The authorities are directed to examine the matter and pass a speaking order within a period of 45 (forty five) days from the date of receipt of certified copy of this order. Any order that is passed copies thereof will be furnished on the petitioners.

17. It is made clear that upon due verification if it is found that thepetitioners Page No.# 3/3

have rendered services pursuant to their provincialisation order and if it is found that the provincialization orders were passed in favor of the petitioners, although the subject concerned received concurrence after 01.01.2006 and such order was passed without any fault on the part of the petitioners, then the petitioners shall not be deprived of their salaries for the period of services rendered by them which they have stated to have worked in their respective school still any final decision with regard to their Provincialisation of services has been arrived at by the Secretary to the Government of Assam, Department of School Education."

Ms. R. Barua submits that Sri Narayan Konwar is now the present Secretary to the Government of Assam, Secondary Education Department and Dr. Bijoya Choudhury, I.A.S. has been transferred out. The prayer for impleading and substituting Dr. Bijoya Choudhury, I.A.S by Sri Narayan Konwar is allowed. Ms. R. Barua shall submit a corrected copy of the Cause Title to the Registry within 2 (two) days.

Issue Notice to the respondents returnable in 4 (four) weeks, inasmuch as, it has been stated that the respondent no.1 has been transferred out and another person is holding the said post.

Petitioner to take steps for service of notice upon the respondents by registered post with AD within 2 (two) days.

List the matter after four weeks.

JUDGE Comparing Assistant