BIDYUT PROVA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Petitioner is a widow. Her deceased husband Paresh Chandra Sarma worked as Lecturer at Melamora Junior College on and from 11.08.1995. At the relevant point of time there were 48 Junior Colleges in the State and for the purpose of granting Deficit Grants-in-Aid to the said colleges, a set of enactment called the Assam Junior College (Provincialisation) Act, 1996 was brought into force w.e.f. 26.03.1996. Claiming benefits under the said Act, Civil Rule 922/1997 was instituted by Assam Junior College Teachers Association and the said writ petition was answered by Judgment & Order dated 27.02.1998 directing the State Respondents to grant benefits in terms of Section 3 of the Act to the teaching and non-teaching employees of all the 48 Junior Colleges in the State.

(2.) In so far as Melamora Junior College is concerned, the respondent no. 5 in his capacity as the Principal of the College prepared and forwarded the particulars of the teaching staff, including the name of the petitioner's husband, who was a Lecturer of English. In the said statement, however, the name of the respondent no. 7 Sri Kumud Bora was not shown.

(3.) By virtue of the Government Notification dated 02.01.1999 a decision was taken to bring the 48 Junior Colleges under the Deficit Grants-in-Aid w.e.f. 26.01996. The said notification was followed by Notification dated 104.1999 whereby the Government in the Education Department decided to initially provide benefit to one solitary post of Junior Lecturer per subject per college. As a result, out of the total 1099 numbers of teaching and non-teaching employees in the 48 Junior Colleges, 822 employees were brought under the Deficit system of Grants-in-Aid.