JAHIRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H R A Choudhury, learned senior counsel for the petitioner. Also heard Mr. K Gogoi, learned counsel for the respondents no. 1 and 2 being the authorities under the Higher Education Department, Government of Assam

(2.) Considering the nature of the order proposed to be passed and as well as taking note of a subsequent order by the Director of Higher Education, Assam, we deem it appropriate that the notices need to be issued to the respondents no. 3, 4, 5 and 6 for the present.

(3.) The petitioner Jahirul Islam was appointed as a Grade-IV employee (office staff) in the Rajiv Gandhi Memorial College, Lengtisinga as per resolution no. 6 dated 01.08.1993 of the Governing Body of the college and since then the petitioner has been working as such. When the case of provincialising the services of non-teaching staff of Rajiv Gandhi Memorial College was undertaken under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (in short Act of 2011), the services of respondents no. 5 and 6 namely Soiful Islam and Shahil Rana were provincialised. Being aggrieved with the provincialisation of respondents no. 5 and 6, the petitioner had instituted WP(C) 1463/2014. The writ petition was given a final consideration by the order dated 19.02.2015 wherein the following order as extracted below was passed: