IMPORTANT POINT
An uncommunicated termination is invalid, and continuous service is essential for provincialization under the relevant educational act.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. S. Banik, learned counsel appearing on behalf of the appellant in both these writ appeals. Also heard Mr. R. Mazumdar, learned standing counsel, Secondary Education Department, appearing on behalf of the State Respondents; and Mr. F.U. Barbhuiya, learned counsel, appearing on behalf of respondent No. 1, in both these appeals.

2. The above-noted intra-Court appeals have been instituted by the appellant, herein, assailing the judgment & order, 16.06.2023, passed by the learned single Judge in WP(c)1651/2015 and WP(c)2428/2016, allowing the said writ petitions.

3. For the purpose of adjudication of the issues arising in the present appeals; the facts and the placement of the parties are so denoted from Writ Appeal No. 355/2023.

4. As projected in the writ appeal; the respondent No. 1, herein, was appointed as a Lower Division Assistant by the Managing Committee of Tarinipur High School on 28.02.1996 and she had joined her service on 01.03.1996. At the time of joining of the respondent No. 1, in the said school; there was another employee, namely, Jalal Uddin, who was appointed as a Lower Division Assistant, against the first post of Lower Division Assistant. However, said Jalal Uddin died-in-harness in the year 2008. Thereafter, the appellant, herein, came to be appointed by the Managing Committee of the said school as a Lower Division Assistant vide order, dated 04.02.2008. The order, dated 04.02.2008, also reflects that the appellant was engaged on honorary basis w.e.f. 01.01.2000. Upon the enactment of the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011, the above-noted school being found to be eligible for provincialization of the services of its employees; the school authorities had forwarded the names of the employees working in the said school. In the initial list so submitted by the authorities of the said school; the name of the respondent No. 1, herein, was not so forwarded. However, subsequently, the name of the respondent No. 1, herein, was so forwarded by the authorities of the said school. On a consideration being so made in terms of the provisions of the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011; the Director, Secondary Education Department, Assam, vide order, dated 20.08.2013, proceeded to provincialize the services of the appellant, herein, as Junior Assistant.

5. Being aggrieved, the respondent No. 1, herein, instituted WP(c)1651/2015; assailing the provincialization so effected in the case of the appellant, herein. The appellant, herein, along with the Headmaster of the said school filed a joint affidavit-in-opposition in the said writ petition and therein; contended that the respondent No. 1, herein, was terminated from her service w.e.f. 31.10.1999, in terms of a resolution adopted by the Managing Committee of the said school, on account of her long absence. It was further projected in the said affidavit-in-opposition that the appellant, herein, was initially engaged on temporary and honorary basis against the post of Lower Division Assistant w.e.f. 01.01.2000 by the Managing Committee of the said school and thereafter, appointed as Lower Division Assistant(i), vide order, dated 04.02.2008.

6. The respondent No. 1/writ petitioner, thereafter, instituted WP(c)2428/2016, assailing her order of termination.

7. Both the above-noted writ petitions were heard analogously and the learned Single Judge vide judgment & order, dated 16.06.2023, proceeded to allow the said writ petitions by interfering with the provincialization as effected in the case of appellant, herein, as well as by interfering with the order of termination, dated 31.10.1999, as issued in respect of the respondent No. 1, herein.

8. Mr. Banik, learned counsel for the appellant, has submitted that the respondent No. 1, herein, having been terminated from her service vide a resolution so adopted by the Managing Committee of the said school w.e.