Page No.# 1/6 GAHC010262922024 2025:GAU-AS:4294 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6711/2024 KANCHAYAN TALUKDAR D/O- SRI. DHARANI DHAR TALUKDAR, VILLAGE- BAHARI, P.O.- BAHARI HAT, P.S. TARABARI, DIST.- BARPETA, ASSAM, PIN- 781302 VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL (ELEMENTARY) EDUCATION, DISPUR, GUWAHATI-6 2:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:TH DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER OF BARPETA DISTRICT ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA DIST.- BARPETA ASSAM Page No.# 2/6 6:THE BLOCK ELEMENTARY EDUCATION OFFICER CHENGA DIST- BARPETA ASSAM 7:MD. KABIR ALI S/O- LATE NAZIR MIYA VILL- BAHIA P.O.- BHOGDIA P.S. SARTHEBARI DIST- BARPETA ASSAM PIN- 78103 Advocate for the Petitioner : MR. M ALI, MD. ANARUL ISLAM Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 08-04-2025 Heard Mr. M. Ali, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned Standing Counsel, Elementary Education Department. 2. The petitioner’s grievance is that the State respondents, while provincializing the services of the teaching staff of the Uttar Baguribari M.E. School, had not provincialized the petitioner’s services. The petitioner, who claims to be a Social Science teacher, accordingly filed WP(C) No.1724/2022, praying that his services should be regularized in terms of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (hereinafter referred to as ‘the 2017 Act’). 3. This Court while disposing of WP(C) No.1724/2022 vide order dated Page No.# 3/6 06.02.2023, had directed the petitioner to prefer a statutory appeal before the Secretary to the Government of Assam, Department of School (Elementary) Education, as provided under Section 14 of the 2017 Act as amended, to be decided by the said authority. This Court also held that in the event of the petitioner filed the appeal, the Secretary to the Government of Assam, Department of School (Elementary) Education, on verification of the relevant records, should dispose of the appeal, within 90 (ninety) days, after giving an opportunity of hearing to the petitioner. 4. The petitioner’s counsel submits that in pursuance to the order dated 06.02.02023 passed in WP(C) No.1724/2022, the petitioner has filed an appeal under Section 14 of the 2017 Act, to the Secretary to the Government of Assam, Department of School Education, on 06.06.2023. 5. The petitioner’s counsel submits that the Deputy Secretary to the Government of Assam, Department of School Education has, vide letter No.E- 301887/67 dated 20.06.2023, requested the Director of Elementary Education, Assam to submit a report on the appeal submitted by the petitioner, for taking further necessary action on the matter. However, the petitioner’s appeal has not been decided till date. 6. The petitioner’s counsel submits that the present writ petition can be disposed of, if a direction is issued to the Director of Elementary Education to submit a report to the Secretary to the Government of Assam, Department of School Education, with regard to the appeal filed by the petitioner and to direct the Secretary to the Government of Assam, Department of School Education, to take a final decision on the appeal filed by the petitioner. Page No.# 4/6 7. Ms. N. Phukan, learned Standing Counsel, Elementary Education Department submits that she has got no objection to the prayer made by the petitioner’s counsel. 8. I have heard the learned counsels for the parties. 9. Para 14, 15, 16, 17 & 18 of the order dated 06.02.02023 passed in WP(C) No.1724/2022 are reproduced hereinbelow as follows:- “14. After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of directing the petitioner to prefer a statutory appeal before the Secretary to the Government of Assam in the Department of School (Elementary) Education as provided under Section 14 of said 2017 Act as amended, forthwith along with a certified copy of this order including a copy of this writ petition as well as the Annexures appended thereto, obtaining necessary acknowledgment from the said authority in that regard. 15. In the event of filing such statutory appeal by the petitioner as directed above, the Secretary to the Government of Assam in the Department of School (Elementary) Education on verification of the relevant records, shall dispose of the said statutory appeal of the petitioner with a reasoned order within a period of 90 (ninety) days after giving an opportunity of hearing to the petitioner intimating her about the outcome of said appeal. 16. In the meanwhile, if it is found by the Secretary to the Government of Assam in the Department of School (Elementary) Education that the respondent No. 8 was duly considered for provincialisation of his service as a Social Science Teacher and not as a Language Teacher of said Uttar Baguribari 2 Classes M.E. School under the said 2017 Act, in that circumstance, service of the respondent No. 8 shall be provincialised from the date of other teaching staff of the said school whose services have already been provincialised under the said 2017 Act. Page No.# 5/6 17. Page No.# 5/6 17. As the service of the respondent No. 8 could not be provincialised because of the interim order passed earlier in this proceeding on 11.03.2022, if the concerned appellate authority comes to the conclusion that the service of the respondent No. 8 was duly provincialised as a Social Science Teacher in the said M.E. School, then his service shall stand provincialised as a Tutor w.e.f. the date of provincialisation of service of the respondent No. 7 and other teaching staff of the said school under the said 2017 Act and in his absence, his wife shall be paid his salary from such date of provincialisation of the service till 26.12.2022, considering the fact that the respondent No. 8 expired on 27.12.2022. 18. However, if the Secretary to the Government of Assam in the Department of School (Elementary) Education while disposing of the said appeal of the petitioner comes to the conclusion that it is the petitioner whose service should have been provincialised under the said 2017 Act, in that case, her service as a “Tutor” shall be provincialised from the date when the service of the other teaching staff of the said M.E.School including the respondent No. 7 had been provincialised and she shall be paid her all such service benefits, including her salary and other consequential service benefits, accordingly.” 10. The letter dated 20.06.2023 issued by the Deputy Secretary to the Government of Assam, Department of School Education to the Director of Elementary Education, Assam states as follows: “Sub: An APPEAL under section 14 of the Assam Education (Provincialisation of service of Teacher and Re-organisation of Education Institutions) Act.2017 filed in view of the order, dated 06/02/2023, passed in WP(C) No 1724/2022 by the Hon'ble Gauhati High Court. Madam, With reference to the subject cited above, I am directed to forward herewith a copy of petition along with its enclosures regarding an appeal under section 14 of the Assam Education (Provincialisation of service of Teacher and Re-organisation of Education Institutions) Act, 2017, filed in view of the order dated 06-02-2023, passed in WP(C) No. 1724/2022 by the Hon’ble Gaurati High Court as submitted by Kanchayan Talukdar, Asstt. Teacher of Uttar Baguribari M.E. School, under Barpeta District and request you to submit report on the matter to this Department for taking further necessary action Page No.# 6/6 on the matter.” 11. A perusal of the above order passed by this Court and the letter dated 20.06.2023 clearly goes to show that the Secretary to the Government of Assam, Department of School Education was to take a decision on the petitioner’s appeal under Section 14 of the 2017 Act, after receiving the report on the matter from the Director of Elementary Education. As the same has not been done, the Director of Elementary Education, Assam is directed to submit a report to the Secretary to the Government of Assam, Department of School Education in relation to the letter No.E-301887/67 dated 20.06.2023 issued by the Deputy Secretary to the Government of Assam, Department of School Education, within a period of 1(one) month from the date of receipt of a copy of this order along with a copy of the appeal made under Section 14 of the 2017 Act and a copy of the writ petition. Thereafter, the Secretary to the Government of Assam, Department of School Education will take a decision on the petitioner’s appeal, within a further period of 1(one) month. 12. The writ petition is accordingly disposed of. JUDGE Comparing Assistant