NANILA BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.R. Bhuyan, learned counsel for the petitioners as well as Mr. N. Sarma, learned standing counsel, Elementary Education Department, the respondent Nos. 1 to 4.

(2.) By preferring the instant petition under Article 226 of the Constitution of India, the petitioners have prayed for setting aside and quashing the order No. EPD/H/236/2014/142-A, dated 08.06.2015, issued by the respondent No.2, the Director of Elementary Education, Assam, whereby the provincialisation of service of the petitioners has been unilaterally withdrawn without giving any opportunity of being heard and further, to direct the respondent authorities to allow them to continue in service and to release the salary with all other benefits of the Government servants as well as not to recover the salary already drawn by them.

(3.) The petitioners' case, in a nutshell is that they are serving as Assistant Teachers of Bhalapara Sonapur Lower Primary School, Goalpara. For the purpose of provincialisation of their services, an enquiry was conducted by the District Level Scrutiny Committee. On 15.09.2012, the particulars for provincialisation of Non-Government Institutions (Lower Primary), during 2012-13 were published in the official website and the names of both the petitioners were reflected in the list so published. Significantly, the Bhalapara Sonapur Lower Primary School was shown as a mixed medium school. Subsequently, on 14.05.2013, the services of the petitioners were provincialised and the said order of provincialisation also reflected the medium of instructions of the said school as a mixed medium. Consequent upon the said provincialisation, the petitioners continued to serve and also started drawing salary and allowances as admissible under the law.