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N. UNNI KRISHNAN NAIR
Saidur Rahman S/O Late Nuruddin Ahmed – Appellant
Versus
State Of Assam Rep. By Its Commissioner And Secretary Education Deptt. – Respondent
JUDGMENT :
Heard Mr. R. P. Sharma, learned Senior Counsel assisted by Ms. R. Devi, learned counsel for the petitioners. Also heard Mr. U. Sharma, learned Standing Counsel appearing for the Secondary Education Department.
2. The petitioners, 48 in numbers, have joined together in the present proceeding raising a grievance with regard non-provincialisation of their services under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, (For short Act of 2011). Although under the said Act of 2011, the services of the other eligible serving teachers of the school involved were so provincialised w.e.f. 01.01.2013.
3. On a query made by this Court, Mr. U. Sharma, learned Standing Counsel has submitted that the cases of the petitioners herein were not considered as they were deemed to be excess teachers at that relevant point of time.
4. This Court, although has noticed that the 48 number of teachers, have joined together and they belong to different schools and may have different issues with regard to their respective claims and or, deficiencies in such claims and accordingly, their joining together may not be permissible, however, in view of th
The court emphasized the importance of individual representations and the need for compliance with the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-Organization....
The central legal point established in the judgment is the obligation of the concerned authority to consider the provincialisation of services of eligible serving teachers under the relevant provisio....
The mandatory nature of Section 10(4) of the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011 and the entitlement of serving teachers to have their cases considered un....
The petitioner has a vested right for consideration of provincialization of services based on continuous service since 02.04.2010, despite erroneous submission by school authorities.
The entitlement for provincialisation under the relevant Acts of 2011 and 2017 is based on the service particulars and requirements specified in the Acts.
The main legal point established is that the petitioner's case for provincialisation under the Act of 2011 did not attain finality as it was not considered and approved by the Government in accordanc....
The petitioner's entitlement to provincialisation of services was determined based on the procedural requirements and eligibility criteria outlined in the relevant Acts.
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