LAWS(GAU)-2017-3-3

DILDAR HUSSAIN Vs. STATE OF ASSAM

Decided On March 06, 2017
DILDAR HUSSAIN Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, learned Sr. counsel appearing for the review petitioner. Also heard Mr. A. Deka, learned standing counsel, Secondary Education appearing on behalf of the respondent Nos. 1 to 4, Mr. H. Das, learned counsel appearing for the respondent No. 5 as well as Mr. K.K. Mahanta, learned Sr. counsel assisted by Mr. K. Sinha, learned counsel appearing on behalf of respondent No. 9.

(2.) By filing the instant review petition, a prayer has been made for reviewing/recalling the judgment and order dated 23-04-2015 passed by the learned Single Judge in W.P.(C) No. 7496/2013 and the connected writ petitions. The present review petitioner was the writ petitioner in W.P.(C) No. 2084/2014 which was analogously heard and disposed of by the common judgment and order dated 23-04-2015 along with W.P.(C) No. 5757/2012 and W.P.(C) No. 7496/2013 preferred by the respondent No. 9.

(3.) The dispute involved in the aforementioned writ petitions were pertaining to the competing claims made by the review petitioner and the respondent No. 9 for provincialisation of their services on the basis of seniority. It appears from the record that the respondent No. 2 had earlier published a list of teaching and non-teaching staff of the concerned school on the basis of which an order dated 18-09-2013 was issued provincialising the services of the said staff including the review petitioner herein as a 3rd Assistant Teacher of the school. The order dated 18-09-2013 was put to challenge by the respondent No. 9 by filing W.P.(C) No. 7469/2013 wherein an interim order dated 20-12-2013 was passed directing the respondents to maintain status quo in the matter. In compliance of the order of this Court, the respondent No. 2 had passed an office order dated 12-03-2014 suspending the operation of the order of provincialisation dated 18-09-2013 which order was again put to challenge by the review petitioner in W.P.(C) No. 2084/2014.