LUQMAN ANSARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Chetri, learned counsel for the petitioner. Also heard Mr. C. Bhattacharjee, learned Standing Counsel, Secondary Education Department; Mr. B. Deuri, learned Government Advocate, Assam; Mr. R. Borpujari, learned Standing Counsel, Finance Department and Mr. N. Upadhyay, learned counsel appearing for Respondent No.7.

(2.) The matter pertains to provincialization of the petitioner's service as an Assistant Teacher. The case of the petitioner is that the petitioner was initially appointed as an Assistant Teacher (Arts) in Srimati Chandra Prabha Pandit Smriti Hindi Vidyalaya, Rangapara on 14.3.1990 at the fixed pay which was duly approved by the school authorities and, accordingly, he continued in the said scale as Assistant Teacher in the said school. Subsequently, the said school was provincialized with effect from 1.1.2013. However, at the time of provincialization, because of a mistake by the school authorities as well as the state authorities, the name of the petitioner was shown as an Assistant Teacher (Sanskrit) provincialized, as evident from the letter dated 2.9.2013. Subsequently, as the petitioner was wrongly provincialized as Assistant Teacher (Sanskrit), he made a representation on the basis of which the Headmistress of the school vide letter dated 24.10.2013 requested the Deputy Director of Secondary Education, Assam to correct the name and designation of the petitioner. Subsequently, the State authorities also made necessary verification and recommended provincialization of the petitioner's service as Assistant Teacher (Arts). The High Level Empowered Committee examined the case of the petitioner after the school authorities informed about the wrong provincialization of the petitioner as Assistant Teacher (Sanskrit). Accordingly, the said High Powered Committee also recommended for correction of the petitioner as Assistant Teacher and another teacher Shri Vijay Kr. Prasad as Sanskrit Teacher. Subsequently, thereafter, the Government also prepared a gradation list of provincialized school along with the staff as evident from the letter dated 30.1.2014 in which, the name of the petitioner was shown at Serial No.7 and he was shown as Assistant Teacher. In the said list, Shri Vijoy Kr. Prasad was shown as Sanskrit Teacher at Serial No.6. Accordingly, it is submitted by the learned counsel for the petitioner that the respondent authorities have subsequently verified and made the necessary correction but have wrongfully deprived the petitioner of regular salary which has been stopped from September, 2014. The petitioner also submits that he continues to serve the school as Assistant Teacher. It is further submitted by the learned counsel for the petitioner that during the pendency of this writ petition, two of the Assistant Teachers who were working in the said school have expired, namely Tapash Roy and Nagendra Prasad Singh, whose services were also provincialized at the time of provincialization of the school.

(3.) Learned counsel for the State submits that provincialization has to be done in accordance with the Assam Secondary Education (Provincialisation of Service) Rules, 2003, as amended on 2012.