DILIP DAS Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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A.M.BUJOR BARUA, J. -
(1.) Heard Mr. SK Goswami, learned counsel for the petitioner and Mr. NJ Khataniar, learned Standing Counsel for Higher Education Department, Government of Assam.
(2.) The petitioner was appointed on 11.11.1999 as a Grade-IV employee in the Pachim Guwahati Mahavidyalaya after due selection. Upon such appointment, he continued to serve in the institute without any break.
(3.) The Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (in short Act of 2011) was enacted, which was notified on 05.09.2011. Section 4 (1) of the Act of 2011 provides as under:-
"The services of the employees of all eligible Venture Educational Institutions under Section 3 shall be deemed to have ben provincialised on the date of coming into force of this Act and they shall become employees of the State Government with effect from that date, provided such institutions have completed at least 7 years of imparting education from the date of affiliation, recognition, concurrence or permission, as the case may be, as on the date of coming into force of this Act.
Provided that the services of those employees of the Venture Educational Institutions eligible for provincialisation under Section 3 which have not completed 7 years of their imparting education from the date of their affiliation, recognition, concurrence or permission, as the case may be, as on the date of coming into force of this Act, shall be provincialised as and when the concerned educational institution completed 7 years of imparting education from the date of such affiliation, recognition, concurrence or permission, as the case may be." ;
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