✦ High Court of India · 09 Dec 2024

ASSAM vs REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,

Case Details High Court of India · 09 Dec 2024
Court
High Court of India
Decided
09 Dec 2024
Bench
Not available
Length
1,870 words

45: TIRTHA TANTI AGED ABOUT 41 YEARS S/O- SRI INDRA TANTI VILL- RANGAGARA P/O- BORGANG P/S- BEHALI DIST- BISWANATH ASSAM PIN- 784167 46: PRADIP KUMAR BRAHMA AGED ABOUT 53 YEARS S/O- LT LOKHI KUMAR BRAHMA VILL- ABWI-CENTRE P/O- BATASIPUR Page No.# 10/15 P/S- DHEKIAJULI DIST- SONITPUR ASSAM PIN- 784111 47: RAIMALI BASUMATARY AGED ABOUT 47 YEARS C/O- JAGESWAR BASUMATARY VILL- NO.1 BALABARI P/O- MIZINGJULI P/S- MISSAMARY DIST- SONITPUR ASSAM PIN- 784111 48: ABDUR RAHIM AHMED AGED ABOUT 59 YEARS S/O- TARIP @ TARA SHEIKH VILL- SATRA KANARA P/O- SATRA KANARA P/S- BAGHBAR DIST- BARPETA ASSAM PIN- 781308 49: SAMSUN NEHAR AGED ABOUT 44 YEARS C/O- MOINUL HOQUE VILL- BHANGARPAR P/O- BHANGARPAR P/S- KATIGORAH DIST- CACHAR ASSAM PIN-788817 50: HANIFA BEGOM AGED ABOUT 38 YEARS W/O- ABUL HUSSAIN AHMED VILL- BHANGARPAR P/O- KALAIN P/S- KATIGORAH DIST- CACHAR ASSAM PIN- 788815 51: PROBIN NARZARY AGED ABOUT 49 YEARS S/O- KESOB NARZARY Page No.# 11/15 VILL- NO.1 BALAPARA (WEST) P/O- TUKRAJHAR P/S- RUNIKHETA DIST- CHIRANG ASSAM PIN- 783394 52: RAJEN DEKA AGED ABOUT 48 YEARS S/O- DADHI RAM DEKA VILL- UTTAR GERUAJHAR P/O- PANERI P/S- PANERI DIST- UDALGURI ASSAM PIN- 784523 53: RAJESH LAKRA AGED ABOUT 55 YEARS S/O- N. ANDRAIAS LAKRA VILL- PATALAHABI P/O- PACHIMPATALA P/S- DIMAKUCHI DIST- UDALGURI ASSAM PIN- 784526 54: PANESWARI DEKA AGED ABOUT 56 YEARS C/O- GOPAL DEKA VILL- TAMOLBARI P/O- NICHILAMARI P/S- DARRANG DIST- UDALGURI ASSAM PIN- 784566 55: MOTIBUR RAHMAN BARBHUIYA AGED ABOUT 45 YEARS S/O- ABDUL WAHABE BARBHUIYA VILL- AND P.O. NITYANANDAPUR PT- II P/S- LALA DIST- HAILAKANDI ASSAM PIN- 88168 56: BHAGYA MEDHI @ BHAGYA DEVI NATH AGED ABOUT 49 YEARS Page No.# 12/15 W/O. ARUN MEDHI VILL.DHARMANAGAR P.O. AND P.S. UARANGSO DIST.DIMA HARAO ASSAM PIN.788931 57: SANJU UPADHAYA AGED ABOUT 34 YEARS C/O. TIKARAM UPADHAYA VILL. UMARANGSO DAM AREA P.O. UMARANGSO DIST.DIMAHASAO ASSAM PIN.788931 58: ROBERT DANG AGED ABOUT 46 YEARS S/O. MASHI DAS DANG VILL. BORGANG TE (KETELA) P.O. BORGANG P.S. BEHALI DIST.BISWANATH CHARIYALI ASSAM PIN.784167 59: HAZERA PARBIN AGED ABOUT 38 YEARS W/O. MARTUZ BHUYAN VILL. AND P.O. JATRADIA P.S. AND DIST.BARPETA ASSAM PIN.781305 60: BIJOYA SHARMA AGED ABOUT 48 YEARS D/O. LATE JANME JOY SHARMA VILL. NAMATI KHA (MAZBAT) P.O. AND P.S. MAZBAT DIST. UDALGURI (BTAD) ASSAM PIN.784507 61: SIRAJ UDDIN CHOUDHURY AGED ABOUT 44 YEARS S/O. LATE KUTUB UDDIN CHOUDHURY VILL. BADRIPAR PART-V P.O. BADRIPAR Page No.# 13/15 P.S. SILCHAR DIST. CACHAR ASSAM PIN.788009 62: MADHAB BORUAH AGED ABOUT 46 YEARS S/O. BAPURAM BARUAH VILL. SAWKUCHI P.O. DIKRONG DIST. LAKHIMPUR ASSAM PIN.784164 63: KANDARPA GOYARY AGED ABOUT 48 YEARS C/O. LOSAN GOYARY VILL. NO.4 THAIJAUBARI P.O. MEZENGIULI P.S. MISSAMARI DIST.SONITPUR ASSAM PIN.78411 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6 2:THE MISSION DIRECTOR SSA MISSION KAHILIPARA GAUHATI-19 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : MR. S B LASKAR, MD. S ALI,A. H. AHMED,MS D DUTTA,MR. H A LASKAR,MR. A S TAPADER Advocate for the Respondent : SC, ELEM. EDU, SC, SSA Page No.# 14/15 BEFORE HONOURABLE MR. JUSTICE K. SEMA ORDER Date : 09.12.2024 Heard Mr. S. B. Laskar, learned counsel for the petitioners, Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department for the respondent No. 3 and Mr. B. Choudhury, learned Standing Counsel, SSA for the respondent No.2 The present writ petition has been filed seeking for a direction more particularly, to the respondent No.1 to dispose the representation dated

10.07.2024, submitted by the petitioners to take appropriate decision on the claim of the petitioners to accommodate the petitioners as Tutors in the respective L.P. School in which they have been working as a SM (Shiksha Mitra)/ ASM (Additional Shiksha Mitra) prior to 2012. Their representation dated 10.07.2024 is annexed as annexure 10 to the writ petition. The learned counsel for the respondents have no objection to the prayer made in the writ petition if it is only limited to consider and dispose of the representation submitted by the petitioners on 10.07.2024. In view of the submissions made by learned counsel for the parties, the writ petition is disposed with a direction more particularly, to the respondent No.1 i.e. Secretary to the Government of Assam, Department of School Education, Dispur, Guwahati-6 to dispose the representation dated 10.07.2024, submitted by the petitioners for taking a decision to accommodate the petitioners as Tutor/teachers in their respective schools in which they have been serving prior to 2012. The petitioner shall submit the representation dated 10.07.2024 to the respondent No.1 along with a fresh representation on the same subject matter Page No.# 15/15 within a period of 10 (ten) days from today. Upon receiving the representations from the petitioners, the respondent No.1 shall pass a speaking order as to whether the service of the petitioners can be accommodate as tutor in the respective L.P. Schools where the petitioners have been working as SM (Shiksha Mitra)/ ASM (Additional Shiksha Mitra) prior to 2012, within a period of 90 days from the date of receipt of the representation. The petitioner shall be heard before passing the order. Any other passed by the respondent No.1 on the representations submitted by the petitioners shall be furnished to the petitioner forthwith. The writ petition stands disposed of. Comparing Assistant JUDGE

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