SUSHIL KUMAR SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) All the writ petitions being interconnected have been heard analogously and are being disposed of by this common order. While the writ petition being WP(C) No. 1709/2006 and WP(C) No. 1540/2013 have been filed by one Shri Sushil Kumar Sarkar along with others, the third writ petition being WP(C) No. 4673/2012 has been filed by Shri Dilip Kumar Barman along with others. The fourth writ petition i.e. WP(C) No. 898/2011 has been filed by the Guwahati District Teachers' Association supporting the case of Shri Sushil Kumar Sarkar.

(2.) In WP(C) No. 1709/2006, the challenge made is the Annexure-M order dated 25/01/2006, by which the Government of Assam in the Education (Elementary & Secondary) under the signature of the Commissioner and Secretary, rejected the claim of Shri Sushil Kumar Sarkar and ordered derecognition of the School, which was provincialised vide order dated 25/08/1998 w.e.f. 19/11/1991. The order so passed is said to be in compliance of the order dated 23/03/2005 passed in WP(C) No. 9048/2004. The said writ petition was filed by Shri Sushil Kumar Sarkar raising a grievance against non-payment of salary etc. to the teaching and nonteaching staff even after Provincialisation of their services. Referring to the particular representation dated 23/04/2004, the writ petition was disposed of by order dated 23/03/2005 directing the Commissioner and Secretary to the Government of Assam in the Education Department to dispose of the said representation. However, while disposing of the said representation which related to the grievance of the teaching and non-teaching staff of the School regarding non-payment of salary, the Commissioner and Secretary passed the impugned order dated 18/02/2006 de-recognizing provincialising the school headed by Shri Sushil Kumar Sarkar as its Head Master, which was earlier provincialised w.e.f. 19/11/1991 vide order dated 28/05/1998. Admittedly, the order was passed without affording any opportunity of being heard to Shri Sushil Kumar Sarkar and for that matter the School headed by the concerned authority.

(3.) The School with which the present proceeding is concerned is Nichilamari ME School under Sumoria Education Block, Guwahati Sub- Division. The said School was headed by Shri Sushil Kumar Sarkar and it appears that subsequently there was division in the School and two separate schools under the same name and style were established, one headed by Shri Sushil Kumar Sarkar and the other headed by Shri Dilip Kumar Barman.