ANJALI DUTTA Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-4-39
HIGH COURT OF GAUHATI
Decided on April 23,2018

Anjali Dutta Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. R.K. Dutta, learned counsel for the petitioner and Ms. S Rasul, learned Standing Counsel for the Elementary Education Department.
(2.) The petitioner was appointed as an Assistant Teacher (Arts) in the Balijan Girls ME School on 08.08.2001, which was approved on 17.12.2002. On the other hand, one Smti Monoroma Gohain was also appointed as an Assistant Teacher in the said school on 01.01.1986. Apparently, going by the date of appointment, Monoroma Gogoi was senior to the petitioner and therefore, she may have been rightly provincialised when the concerned school was put under provincialisation under the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011.
(3.) Under the said Act, the concerned employees of the school were provincialised by an order dated 14.05.2013 w.e.f. 01.01.2013. The provincialisation of Monoroma Gogoi was assailed by the writ petitioner in a writ petition being WP(C) No.2213/2014 on the premises that the age of Smti Monoroma Gogoi was incorrectly recorded to be 18 years 02 months as on 01.03.1973, whereas her actual age ought to have been 20 years 02 months as on 01.03.1973. In the event, the age of Monoroma Gogoi was 20 years 02 months as on 01.03.1973, she would have superannuated from service on 31.12.2012. Accordingly, Smti Monoroma Gogoi could not have been provincialised by an order of 14.05.2013 w.e.f. 01.01.2013. The said writ petition was disposed of by an order of 30.04.2014 requiring the Director of Elementary Education, Assam to cause an enquiry as regards the actual age of Smti Monoroma Gogoi.;


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