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2024 Supreme(Gau) 206

N. UNNI KRISHNAN NAIR
Ala Uddin Barbhuiya, S/o. Late Jamir Uddin Barbhuiya – Appellant
Versus
State of Assam, Represented by the Commissioner & Secretary to the Government of Assam, Education (Secondary) Department, Dispur – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.M. Barbhuiya.
For the Respondents:Mr. U. Sharma, Standing Counsel, Mr. B. Gogoi, Standing Counsel, Mr. B. Deori, Junior Government Advocate, Assam.

JUDGMENT :

Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. U. Sharma, learned standing counsel, Education (Secondary) Department, representing the respondent Nos.1, 3 & 5; Mr. B. Gogoi, learned standing counsel, Finance Department, representing the respondent No.2 and Mr. B. Deori, learned Junior Government Advocate, Assam, representing the respondent No.4.

2. The petitioner, by way of instituting the present proceedings, has prayed for a direction from the respondent authorities to extend to him the benefit of provincialisation of services w.e.f. 01.01.2013 in terms of the order dated 20.08.2013, by which the services of other eligible serving teachers in Swadhin Bazar High School, Cachar came to be provincialised. The petitioner was initially appointed by the Managing Committee of Swadhin Bazar High School on 20.06.1994 as a Persian Classical Teacher in the said School. The said School, at the relevant point of time, was a venture School. The case of the serving eligible teachers in the said School was taken up for consideration under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (for short, “2011

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