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2025 DIGILAW 636 (GAU)

Md. Aziar Rahman S/o Lt. Md. Sharif Uddin v. State of Assam

2025-04-10

MICHAEL ZOTHANKHUMA

body2025
ORDER : MICHAEL ZOTHANKHUMA, J. Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Ms. S.Chutia, learned Standing Counsel, Elementary Education Department; Ms. R.B. Borah, learned Standing Counsel, BTC; Mr. A. Hussain, learned counsel for the respondent No.10 and Mr. P.K. Deka, learned counsel for the respondent No.11. 2. The petitioner, who is an Assistant Teacher posted in 1573 No. Shilairpar L.P. School is aggrieved with the impugned order dated 28.10.2024 issued by the District Mission Co-ordinator, SSA, Kokrajhar, by which he has been released from the position of CRCC i/c, Shilairpar Cluster under Parbotjhora Block and reverted back to his original place of posting as Assistant Teacher of 1573 No. Shilairpar L.P. School. 3. The petitioner’s case is that the petitioner was appointed as an Assistant Teacher of the 1573 No. Shilairpar L.P. School on 20.01.2015 and he joined the school on 24.01.2015. Thereafter, vide order dated 26.09.2022, the petitioner was appointed temporarily as CRCC in-charge (i/c) against Shilairpar Cluster Resource Center. While the petitioner was working diligently as CRCC i/c, the petitioner was invited as Chief Guest on the occasion of Teachers Day on 05.08.2024 by the School Management Committee (SMC) of Shilaipar M.E. School. On reaching the school, a large number of persons under one Assistant Teacher attacked the petitioner. The petitioner thereafter lodged an FIR dated 08.09.2024 at the Kajigaon Police Station against the said Assistant Teacher, namely Sajahan Ali and members of the SMC of 1573 No. Shilairpar L.P. School. The FIR was registered as non FIR Case No.7/2024. 4. The petitioner’s counsel submits that the Headmaster of the said school on being placed under suspension, the said Sajahan Ali was allowed to work as In- charge Headmaster of the said school. The Headmaster and Sajahan Ali blamed the petitioner for the incident, which led to the suspension of the Headmaster of the said school, so that the petitioner could take charge of the Headmaster of the said school, as he was the senior most teacher of the said school. As the members of the SMC were planning to harm the petitioner, the petitioner submitted a representation to the respondent No.8, with the prayer to be posted in Mallickpara P.B. L.P. School, as his life would be in danger if he was to attend the 1573 No. Shilairpar L.P. School. 5. As the members of the SMC were planning to harm the petitioner, the petitioner submitted a representation to the respondent No.8, with the prayer to be posted in Mallickpara P.B. L.P. School, as his life would be in danger if he was to attend the 1573 No. Shilairpar L.P. School. 5. The petitioner’s counsel submits that the petitioner came to learn that the SMC of 1573 No. Shilairpar L.P. School had filed a complaint against the petitioner, by levelling a false allegation and in that respect, a meeting had been called by the i/c District Elementary Education Officer, Kokrajhar, vide letter dated 12.09.2024. During the above events, the petitioner was suddenly issued the impugned order dated 28.10.2024, releasing the petitioner as CRCC i/c, Shilairpar Cluster and reverting him back to his original post of Assistant Teacher of 1573 No. Shilairpar L.P. School with immediate effect. 6. The petitioner’s counsel submits that the petitioner has been reverted back to his original place of posting by way of punishment and as such, the said order should be set aside and quashed. 7. The counsels for the respondents submit that the petitioner was made to hold the charge of CRCC, Shilairpar Cluster on temporary basis. Further, the CRCCs were to take classes in their original schools at least for two periods on daily basis. The counsels for the respondents submit that while the petitioner was engaged as CRCC i/c, he was seldom regular in his school and hardly took classes. He did not render his services as teacher, on the ground of doing CRCC duty. However, he managed online attendance through the Siksha Setu App, by manipulating the catchable distance of GPS radius set for the school in Siksha Setu App. The petitioner committed malpractices by misusing his position as CRCC for the last 2 years in money making activities with the respondent No.8 and depriving the students of his own school the right for good education. They also submit that that to allow online attendance from any other school, the petitioner must transfer his record from his own school to the other school and must enrol himself in the other school. In other words, if the petitioner wants to give online attendance from Malikpara P.B. L.P. School instead of the 1573 No. Shilairpar L.P. School, the petitioner would have to ask for transfer of his services. In other words, if the petitioner wants to give online attendance from Malikpara P.B. L.P. School instead of the 1573 No. Shilairpar L.P. School, the petitioner would have to ask for transfer of his services. In any event, the petitioner having been reverted back to his substantive post of teacher, it cannot be said that reversion of the petitioner to his original substantive teaching post is a punishment. The petitioner has no right to continue as CRCC i/c, when his substantive post is that of an Assistant Teacher. 8. I have heard the learned counsels for the parties. 9. The fact that the petitioner’s substantive post is of an Assistant Teacher in 1573 No. Shilairpar L.P. School is an admitted fact and that the primary duty of a teacher is to teach. It is also an admitted fact that the petitioner was made the CRCC i/c of Shilairpar Cluster on a temporary basis and until further orders. 10. The impugned order dated 28.10.2024 reverting the petitioner back to his original post of Assistant Teacher is reproduced hereinbelow as follows:- “ ORDER In the interest of public service, Aziar Rahman, CRCC i/c Shiliarpar Cluster under Parbotjhora Block is hereby released from the position of CRCC i/c and reverted back to his original place of posting as Assistant Teacher of 1573 No. Shilairpar LP. School (single teacher) with immediate effect. Further, Nizamuddin SK. CRCC, Modati Cluster is hereby entrusted additional charge of Shilairpar cluster as CRCC i/c until further order in addition to his normal duty. Nizamuddin SK is directed to take charge within 3 days after issuing of this letter. Aziar Rahman is directed to clear his liabilities at Parbotjhora Block at the same time and resume his duty at 1573 No. Shilairpar LP School as Asst. Teacher immediately. This order will come into force with immediate effect. Sd/illegible District Mission Co-ordinator SSA, Kokrajhar.” 11. A perusal of the above order clearly goes to show that the petitioner had been reverted back to his substantive post in the interest of public service. The petitioner does not have any right to remain as CRCC i/c of Shilaipar Cluster, which is not his substantive post. When the petitioner has been reverted back to his substantive post to perform his primary duty to teach students, there is no question of prejudice or violation of any of the petitioner’s legal or fundamental right. 12. The petitioner does not have any right to remain as CRCC i/c of Shilaipar Cluster, which is not his substantive post. When the petitioner has been reverted back to his substantive post to perform his primary duty to teach students, there is no question of prejudice or violation of any of the petitioner’s legal or fundamental right. 12. In view of the reasons stated above, this Court does not find any ground to interfere with the impugned order dated 28.10.2024. However, if the petitioner files an application for transfer of his services from 1573 No. Shilairpar L.P. School, the respondents shall examine the said application of the petitioner and take a decision on the same, as per their discretion and the applicable rules. The writ petition is accordingly dismissed. 13. Any interim order, passed earlier, stands vacated.