ALA UDDIN BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. U. Sharma, learned standing counsel, Education (Secondary) Department, representing the respondent Nos.1, 3 and 5; Mr. B. Gogoi, learned standing counsel, Finance Department, representing the respondent No.2 and Mr. B. Deori, learned Junior Government Advocate, Assam, representing the respondent No.4.

(2.) The petitioner, by way of instituting the present proceedings, has prayed for a direction from the respondent authorities to extend to him the benefit of provincialisation of services w.e.f. 1/1/2013 in terms of the order dtd. 20/8/2013, by which the services of other eligible serving teachers in Swadhin Bazar High School, Cachar came to be provincialised. The petitioner was initially appointed by the Managing Committee of Swadhin Bazar High School on 20/6/1994 as a Persian Classical Teacher in the said School. The said School, at the relevant point of time, was a venture School. The case of the serving eligible teachers in the said School was taken up for consideration under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (for short, "2011 Act") and vide an order dtd. 20/8/2013, the services of the teachers working in the said School came to be provincialised, however, the name of the petitioner was dropped from the purview of such provincialisation. It is to be noted that the said provincialisation of services of the teachers found eligible in the said School was so effected w.e.f. 1/1/2013.

(3.) The petitioner being aggrieved on account of non- extension of the benefits of provincialisation of his services to him, approached this Court by way of instituting WP(C) No.1891/2016. This Court, vide order dtd. 18/3/2016, upon noticing the grievances raised by the petitioner required the Director of Secondary Education, Assam to dispose of the application as preferred by the petitioner under "B" Format by a speaking order regarding the entitlement of the petitioner for having his services provincialised as a Classical Teacher in Persian in the School in question. It is the contention of the petitioner that upon such scrutiny of the "B" Format, the respondent authorities had published a list of teachers found eligible for provincialisation of their services and against the District of Cachar, the name of the petitioner figured therein and he was denoted to be eligible for provincialisation of his services. Thereafter, the services of the petitioner not being provincialised, he has instituted the present proceedings.