VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Khudeja Begum, W/o. Late Jalal Uddin – Appellant
Versus
Saleha Begum Laskar, W/o. Md. Saifuddin Laskar – Respondent
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 Divi
An uncommunicated termination is invalid, and continuous service is essential for provincialization under the relevant educational act.
Merely writing something on file does not amount to an order.
Continuous service is essential for eligibility for provincialisation under the Assam Education Act, and valid termination negates claims for such benefits.
The Court established that seniority for provincialization of teachers' services must be determined based on accurate service records as per the Assam Education Act, 2017.
The revival of provincialisation orders for teachers is permissible following the enactment of new legislation that addresses the rights of employees previously affected by a struck-down statute.
The School Management Committee had the authority to terminate a teacher's service prior to provincialization notification; thus, the revocation of the cancellation order was in error.
The appellate authority must provide a reasoned decision based on all relevant materials, not solely on the petitioner's failure to appear at hearings.
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 court established that eligibility for provincialization of teachers' services must be based on verified service records and seniority, as per the provisions of the relevant Act.
The court affirmed that the petitioner, having been appointed prior to provincialization, has a right to regularization based on continuous service as established by credible documentation.
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