GULEH AHMED CHOUDHURY AND 4 ORS Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-5-74
HIGH COURT OF GAUHATI
Decided on May 16,2018

Guleh Ahmed Choudhury And 4 Ors Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mrs. S. Roy, learned counsel for the petitioners. Also heard Mr. N Sarma, learned Standing counsel, Secondary Education Department in the Govt. of Assam.
(2.) The petitioners are all serving as LDAs in different High Schools in the Hailakandi district and claims that they are eligible for promotion to the post of Senior Assistant/UDA as per the Circular issued by the Govt. of Assam from time to time. The petitioner No.1 was initially appointed as a Grade IV in the Matigaon High School on 01.01.1994 and on being promoted on 06.08.2008 is presently working as LDA in the Premlochan High School, Hailakandi. The petitioner No.2 worked as LDA in the Janakicharan High School, Hailakandi from 23.11.1994 and thereafter from 30.12.2003 is serving in the same post in the AC Girls High School. The petitioner No.3 was initially appointed as a Grade IV in Matijuri High School on 06.12.1978, and, thereafter promoted as an LDA in the same school on 30.01.1996. The petitioner No.4 is serving as LDA in Lakshirbond High Madrassa from 04.10.2005, whereas the petitioner No.5 is serving as LDA in the Saneri Mitai High School, Hailakandi from 28.03.2003.
(3.) The concerned Schools where the petitioners are serving were later on upgraded by introducing the High Secondary sections. Initially, the Higher Secondary sections were in the venture stage, whereas the High School was provincialised, but, later on, in the year 2013, the Higher Secondary sections were also provincialised under the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011 (for short, the Act of 2011). Upon the Higher Secondary sections being provincialised in the respective schools, certain Sectional Assistants who were otherwise equivalent to UDA were also provincialised.;


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