ABDUS SALEM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Boro, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned counsel for the respondents No.1, 2, 3 and 4 being the authorities under the Elementary Education Department of the Govt. of Assam, Mr. A. Chaliha, learned counsel for the respondents No. 5 and 6 being the authorities under the Finance Department of the Govt. of Assam.

(2.) The service of the petitioner who was serving as an Arabic teacher in Goroimari Pam MEM in the Nagaon district was provincialised as per the order dated 16.05.2013 of the Director of Elementary Education, Assam under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 as amended in 2012 hereinafter referred as the Act of 2011.

(3.) The provision of the Act of 2011 makes it apparent that under the said Act it is a deemed provincialisation of the service w.e.f. 01.01.2013. The name of the petitioner appears at Serial No.19 in respect of Goroimari Pam MEM in the Juria block of Nagaon district. The very fact when the name of the petitioner appeared in the order dated 16.05.2013 it has to be understood that his service was provincialised w.e.f. 01.01.2013. When the service of the petitioner stood pronvincialised w.e.f. 01.01.2013 it also has to be understood that under the law he has the legal right to receive the salary and allowances from the said date.