In Gauhati High Court proceedings (Court No. 3), the court emphasized that declared foreigners cannot be taken into custody without first receiving a free copy of the tribunal's opinion, as this is a fundamental procedural requirement ensuring natural justice and protecting the right to appeal. The court ruled that the Foreigners Tribunal, being a civil court rather than a criminal court, must follow specific procedures including serving copies of opinions before any custody action, and that police cannot arrest individuals without proper documentation and authorization. The court also directed that if a declared foreigner is taken into custody on the same day an opinion is passed, a free copy must be provided before removing them from the jurisdiction of the concerned police station, in consonance with Article 22 of the Constitution of India.
Court No. 3
Added:Order is 30.
Yes.
>> 5 20 26 >> is 39.
>> Copy applied on second 89.
>> Yes. 89.
>> Copy applied on second >> on fourth.
>> Fourth requisites they are delivery. Why they delay them?
Let me get let me get instruction because we are passing an order. No, no person will be taken from the uh from the uh foreigners tribunal without service of a copy of the opinion.
>> That's why my not that you obtain of opinion but this would prevent the court to pass an order. This would be highly illegal.
You see what happens in the what happens in the session trial or any criminal trial this order is pronounced then the people are heard on the sentence and therefore the orders of sentence are passed and immediately thereafter the copy of the order and the committal what they call custody orders or custody members are prepared and given it to the venture system.
On that basis they they are given and when they are taken into custody they are permitted to have a copy a free copy is delivered. Once you are taking that the same principle has to apply here whe this is the certificate could be applied by them >> but you are taking to custody you see that is happening in the presence of the magistrate in my court promises the police will not enter from any any place and take into custody anyone without the court administration knowing that happened. You know the case of uh >> I know >> he was taken into custody from the court promises and that is why uh the custody case was registered inside the courtroom inside the courtroom somebody is being arrested then our our management could know about it the register will know about it somebody has been arrested from here even in the tribal people are the police is coming in arresting someone.
It can't be that the foreigners travel will be oblivious of people being arrested.
>> Let me get the instruction today.
No one will be taken into custody without delivering a copy of the order.
This can't happen because you're fundamental right to appeal.
>> You are not even waiting for a day taking into custody taking into detention camp from detention camp. They vanish no information.
Why I am seeing my lordship I'm asking folks for praying for instead getting >> for instruction but yes as for nothing >> one thing your lordship one thing your lordship my appreciate there are some cases where I your lordship is my known about that cases one person who have been declared to be a foreigner he approached this court he filed a petition he got in order then in another case his brother was proceeding in that case he appeared in that case saying that I'm the same I'm the brother and he continued the case he continued he he he in fact in entire proceeding he appeared as the same person another person then on the last day of my when the opinion is passed he said I'm not the person he tried to rescue from he tried to leave the court >> not that >> yes my no these are the instances he tried to leave the court run away from the court then he was victim So there are some issues my lord that's why I want to get the instruction under what circumstance they were within on the same day >> no that is true my for natural justice that is true I admit my for natural justice if the opinion is not served then definitely they should not be taken into cases that's my opinion also because unless the opinion is precopy of the opinion can be him not bank or entertain but this is from the same tribunal. Both the cases are from same thing that after all this is how they will within half an hour. Within half an hour moment.
over.
the issue will escalate to uh different uh it will escalate to a different connotation. Number one, when we are using those words, we are using it very carefully. Number one, uh, foreigners tribunal is not a court of, uh, with criminal jurisdiction.
Therefore, CRPC does not apply. It is a civil court for the purpose of determination and orders. Civil CRPC would not apply.
>> Yes.
>> Therefore, the foreigners tribunal will not issue a custody warrant.
>> Definitely matter.
>> Correct.
>> Generally, foreigners. Therefore when this uh when the when the person was arrested at that time there would be no custody warrant with the police.
>> Yes.
>> But they will be arresting them on the basis of what?
On the basis of some opinion.
>> Yeah. So they'll have to produce the records of the police station because they would have to show an entry that on the basis of this warrant we have arrested.
So it will go out of your hands.
No you forget about that. They are the worst people on the earth.
Can you hang them?
No, they'll be follow the they will be following the procedure established in law. Yes.
>> Now, what is the procedure for taking into custody? How will the police take into custody? Police will take into custody on the basis of some judgment or order. Uh so they would have the information and they would write in the uh in the diary or what do you call the police station diary that received information about this opinion and now we depute constable ABC to go there and take him to custody from a particular place.
Therefore he will take a take take a vehicle of the police station and then go to the tribunal and then take him into custody. So when we are calling for the record, we are calling for everything.
They will have to show the command given by the given by the superior officer to go to the traveler and then arrest him.
The police works on a command.
>> Yes.
>> So if the command is not there, everything fails. So there will be a chain of documents which you are required to now produce.
And if it is illegal and if the person is has vanished then we have two ways to proceed to it. Number one, it will be the issue of the person vanishing from the custody with the improper procedure and therefore compensation is the only palative we can give.
Therefore, that is why we are using those words very carefully when you are using that vant or they will travel will not be having it. So therefore the traveler's action number one to allow the police to enter into the uh court uh tribal premises and take someone into custody is a highendedness which is ecasy uh appearing on the record.
This business has to stop you.
Let the vote both matter may come together >> on Monday >> Monday I'll get the instruction item one the opinion is at page 39 I'll dictate two orders better before one thing Just page 100 just how procedure how to page >> page 100 start from page 90 >> 98 and 1958 not applicable but 100 is removed of declared after exhausting everything was then Okay.
Item number one.
Item number one.
for the petitioner in for the respondents.
The case of the additional brief comma is that by an opinion dated 7th 6th 2019 passed in page 19.
So, you see some of the some of the proced against whom we tribunal code page 19 pass an opinion dated 76 2019 in case numbers so police numbers so they were declaring her to be a former post 25 in 196 He said proceed.
I filed a read petition being WPC 7546 of 2019.
The SD said opinion and this vote by order date 2426 passed in the he said petition has set aside the opinion that it's 76 since 2019 and the matter was demanded back for a press decision by the set after considering the evidence and on leg of a part.
As the petitioner was absent before this court, the court had directed the learners to issue a notice.
And thereafter dispose of the matter.
In receipt of the notice, the proceed appeared before the learn tribunal on 29th, 2026 and paid for another date for a hearing of the case.
of power by rejecting the petition number 312 of bank 26.
P16 to pronounce the professional opinionated 295 2026 case of the petition is that the order of the travel was not made available on 29th July 2026 and the fresh opinion was actually pronounced on 35 2026 in the meantime on 20 95 2026.
The member from a forest travel at all the rest of the travel and handed over the prom.
I guessed that records were made available only on 3526 and in the meantime on 626 the family and the family came to know the proced The transit camp at Maria Krishna along with two others went to the transit camp at 6, 206 and found the city at the camp and they were allowed to meet the city.
after 56.
Another person had gone to the transit campaign signature in the Krishna was informed that the was not available in the camp and had been taken away by the borders and since then herabouts are not Hold on.
This is returnable on Monday.
226 extra copies of the along with all the hands and along with the soft copy.
replace the standing concept of the border matters to border matters as well as the uh CGC to get information of the whereabouts of the procedure.
It doesn't work.
also direct the police respond six provided instructions to the landing for the border and matters along with the relevant document >> on the basis of for the police had taken into custody and also to produce the copy of the general diary entries of the concern police station.
29 5 20 26 The super border now.
He's also directed to If in the meantime, the proceed case number 31 of 26 against whom an opinion 29 has not been deported. shall not be deferred out of the country without the code for next request the border matters to send a download to fulfill this order number six in order to obtain its We also put all the respondents to notice to show us as to why appropriate orders should not be passed by the court.
So to the effect that without being provided with a free copy of the opinion When when any when a declared for a nationality is being taken into custody from the premises or from the vicinity of the foreigners tribunal why such proceed should not be handed over copy of the opinion of the tribunal before taking him into custody.
If the if the detention is the arrest for detention is been made on the date when the opinion is passed like this in the event the foreign national is being taken into custody on the date on which the opinion is passed by a free copy thereof to not be provided Such detained person or any family member before removing the detained foreign national from the jurisdiction of the concerned police station.
to bring the uh doing to bring the procedure in conssonance with Article 22 of the constitution of India.
On this point, the scanning box for the order matters shall send a talk to this order to the respondent numbers.
2 3 4 6 7 and 8 cover to the respond and Hey, I'll send a download to respond to this.
for for the for instructions the matter 20 26 20 26 the second case the first opinion is that page 77 66 2018.
Name of the uh name of the proced.
The hyper order is at page 84 246 in WPC 8171 of 2019.
this orders to the matter of fact and directing the petition to the the proceed to appear before the set tribal on 35 2026.
A couple 20 26 about 12:30 p.m. when the OCD appeared before the Net Prior and showed him the and and and produced the certified copy of the author 246 passed in WC 817 2019 for the London member had become curious and for the police at about p.m.
to the traveler and from the travel premises the the city was taken into taken to jury police station and the petitioner had also accompanied her to the police station that no order was passed on 35 5 20 26 that on 1626 the commissioner went to the transit camp and was allowed to meet the proceeding and when the petitioner went again the camp to fulfill education of the ticket for national on 86.
He was informed that the educate for was taken back by the police to since then the whereabouts of the Why is not known is also predicted that no order of the travel was detailed on 356.
So the app was certified on 26 certified and the requisites were deposited on 46.26 only on this notice two aspects. First is about this you get the information. Second is notice that why we not invoke article 22 cases when detained person is being added on the date when the order is perfor Because then perhaps you have to follow the debate of article 20 without either to the procedure or to the funding of the procedure will now lead into one will have a lasting effect on the exact procedure which has been performed to the state more harm then protection in the state but yes in some cases me we may consider but in numbers of cases you're not find something to watch >> yes me there must be some mechanism understood No, I there must be some mechanism accepted the second case of the same is coming at the same pattern show the order of the head and they get >> no no that cannot be the problem this is this is in fact the procedure my lot I may be wrong this was the procedure followed myot in earlier by this court in numbers it is said they absconding so myot They should present on the last day of last day of opinion in numbers of cases.
>> There are judgments where it is said they should appear on the last day of at the time of opinion. Yes. You should know the no that is that is that is the general direction of the court but this yes yes the opinion opinion is passed in the last there is a judgment of this court way back in 2018 2010 there was a specific some direction to the government yes sir Are we justifying the order?
>> Yes. No. No. My lord. That is true. My lord. If if if Yes. No. No. No. My lord. My submission is definitely there may be One more time.
>> Yes.
>> Tribul itself. No, that is not the way in the tribute.
Tribunal might not. Yes, definitely there are prostitutes.
No no no no man. Police does not generally police does not come to arrest matter in the tribul. It is only when some issues matter. There must be some issues where they were arrested.
>> My learn is justifying the order. You clear say yes.
>> No no order.
>> Do whatever you like.
can be opinion can be opinion can be silencing the way how it was done that I >> that's why I need to give the government it does not mean that you should be blind to the law >> yes there's nothing not to be fair there are problems I'm not saying that opinion should not be s in my opinion so that opinion should be Yes, >> this is subsequently SOP was made if you take the SOP is correct you follow the SOP that also I'm not court officers we have to place before the court both the judgments is not check.
They have also got some obligation to someone problem that's that's appreciate for that.
No, I'm not on that line.
both the sides should be I am not on that one the way how it was done whole thing and now I do not know where is my wife I am only for the time being what my deportation or something >> oh if if if not deported before passing the order you deport I don't know where he is. I cannot Yes.
I I don't know. At what time you may already be deported also my he may already be deported also because who deported? We don't know my lord because if we open the mouth many will come my we are not also opening m how the things are going on my No, we want it today also. That's for our interest.
No.
Yes. Item two >> my lord opinion it is 67.
>> The date >> uh 1809 2025 September 25.
It didn't make s 925,000 SP border civilian police border.
Yes.
>> Item three.
>> Item three. opinion in case 51 61 opinion dated 29 12th 2025 SP Item four.
24 isue notice HZ D on behalf of the Mr. I don't know about bless Order is number 22.
Ordered 18 for 2024.
Third of August.
Item six.
I'm the petitioner ship challenging the FT ordered final terminal order FT4 D9 2019 order is on yellow ship NX 23 page 102 that was passed 2020 20 lordship. In the meantime, corona was there ship. After that health was very poor, financially down and then approached the authority to collect all the documents, certified copies. But it was lady you could not find the relevant documents in the meantime. Till we are getting the document because container was relevant. We already said many times but couldn't find relevant documents produced >> delayed.
This was not intentional in your log satisfactory.
>> Paragraph 33 page 29 when CO didn't continue till 23.
We have tried your work. It's a continuous process.
Let me keep the issue of delay open.
Please submit that your delay is not intentional.
Your >> name.
dated 7th 2020.
Pass by sensor case number seven. Yes.
You have the inordinate delay in beside opening keeping the issue of maintenance people open notice return on shall be considered on rece record.
The meime additional English also is appended.
There are five names probably deported off the country without to pass an order in your case. The dispute of identity is please see page 34.
First is page 34.
Second, please come to page two.
You have seen >> yes >> he has so many names.
>> Yes >> correct. Five names.
>> Five names in the >> corow 70.
>> This is not in the so she is she's a poor woman very five names >> this is her sister >> sister exhibited in before the tribal >> sister brothers and one sister Your first may lordship. My apology lordship that the ma listed lordship 28 lordship in a supplementary list lordship and lordship finally may be taken up ma lordship before rising this friends lordship because the petitioner is in detention camp lordship not okay see we don't know we have limited time okay we'll try to take it Yes. Item seven.
No.
Page 25.
You have recovered. You're recovering.
23 >> 23 okay page 25 dated 14th 2023 passed by passed by so and so.
Case number so and so. Reference case number so and so by which the pedestal were declared to be a former 425 to 1973.
Notice returnable on so and so notice extra copies for the records.
The prayer for bail shall be considered on receipt of the tribal records. In the meantime with the petitioner namely so for any so is apprehended commission shall not be deported out of the country without order of the court shall produce a certified copy of the order before the window of police board bring the order to the notice of the success.
Yes.
>> Opinion is page number 34. Lordship >> 34.
>> 34 34 31 for the petition.
Opinion reject page 34 dated 31 10 2022 will be considered of the travel certified copy to produce before the police border guara say what Item nine opinion is at page 30. Your love opinion dated 85 2025 >> page >> 330 >> here I have not missed the >> you just missed it >> just missed it by few days may consider >> I filed this on 75 2026 >> you filed on 75 >> yes five okay you're just on time >> yes you got just on copy Mr. SK and the respondent opinion is at page 85 2025.
Oh sorry 30 please page 30 8 52 25 passed by so and so in so and so the petition was declared for 425 in 1978 notice returnable in 4 weeks of copies for the records the for bail is opposed by the standing office for the border matters considering the position is crime the bail Res 5,000 to the satisfaction of police order.
Yes. Item 10.
19.
>> 19.
Date of order 8, 2025.
Council for the petition opinion at page.
Case number 19. 19. Page number 19.
Dated 88 2025. Passed by so and so. Case number so and so.
Reference number is down below. No, I have underlined. Reference number which the petition was declared to be 25 notice return 4 weeks notice for extra days the pay for bail is opposed by standing the position then it's time to take bail on rupees 5 to the satisfaction of Super item 11.
order is on page number 34 expert order due to answer the relevant portion is page number 35 minute uh paragraph two I could not receive due to u unavailable at the resident but my is still I have been deciding the third Yes.
Same resident as for this in this regard the local government has been issued me residential certificate the same no shifting is there also my humble pray I'll consider this matter in Lord though it was not but the process has been followed. It was pasted on the place not will examine this matter.
asked by so and so in case of and so reference so and so.
This is expert party opinion.
announcements. Extra copies within me.
So records extra copy within two days shall be considered on the travel records.
time English isended shall not be reported without based on >> delay of 6 years.
>> Paragraph 16 there are some explanations.
>> Yes.
>> Yes.
injury man not to be devoted. You already passed the >> date after 3rd of August item 12 matter the order is a page 42 here I would like to highlight one thing page 46 of the order par There are 14 is the only finding of the code whereas the other things are all been deposited >> examine we can't do anything now >> today learning concept for the petitioner Page 42 dated 85 2025 passed by so and so in case number so and so FD case number so and so by which the petition were declared to be posted to 1971.
notice returnable so and so talk for the records. The prayer for bail shall be considered on receipt of the driver's records.
In the meantime, if the petitioner namely so and so is appended, commission shall not be deported out of the country without order of the court.
Petitioner shall cause production of certified copy of the order for the super of police border. Please >> no.
>> So and so may not be. No, no, no. You have come after lunch.
You using the thumb rule item 25 or motion.
In this case, method was supposed to get the instruction.
When did this come to Talamora was constituted in 2015 15 2015.
15.
>> Yes.
>> But this opinion was rendered by the earlier travel list 2016 page 13.
>> 16 month.
>> Yes.
>> No.
>> By then the travel is open.
>> Yes.
>> You can transfer it to that place.
>> Yes. No issue. It can be transferred to that that calamora tribunal because probably the case was continuing running in the >> number one of in 2016.
>> That is why And there is no impediment within district because the referral authority is the same person. Yes.
Yes sir.
Yes. And do you think some tribal Okay.
I'm for evidence from for evidence.
Yes.
linkage regarding linkage in the logistics. Regarding linkage lordship of the petal lordship there was document in the uh record the order document is available in the record which code is very unless I look at the records I not be it'll not be able to say what has happened >> and if I look at the records I will remember >> you are satisfied >> yes there is some the land document of 1965 >> I not have a Yes.
>> Unless I look at the record, I won't be able to say anything.
>> My Yes, now we recollect. Yes.
So according to according to petition the projected father had some land documents of 1965 65 and 67 and 73 that is in paral 34 in the WS also it is predated that's why you lots of asked me to go and he has me she has mentioned his brother and sister's name and he went to look for that now only question arises my lord thereafter After there is no aortment in WS I have seen my that she has inherited that property of his projected father of his father in any time any time on earth before this WS5 that statement is not there yes the record shows meal is Yeah.
Lordship paragraph 10. Lordship statement help making a submission.
Please don't interfere. Take a procedure.
Not a game of cricket or football where you can give running commentary when the other side is making submissions. It's not that always remember. So my submission was my that this in it is my that proced because the procedi and her brother sister named as a bundi for servant village in the village of which are inherited by their father.
Now if your lordship is exhibited by the procedor that is not the next theory that isn't What is executed by the proced number 24 the father is not there is not >> and is mallet. Her name is there in serial number 24 but there is no mentioning of his father name in the as a prior to that matter from serial number one onwards I have it there is there is there Yes.
>> Hallelujah.
Guess someone else.
tell you something perhaps you have missed. Yes.
Thank you.
And take note of 885.
And then six.
There you go.
First is that 86. No, not this one.
First look at this next. Yes, you put a pencil mark there.
Correct.
Read that entry.
He he is this is this.
>> Yes name is serial number four.
>> Yes.
>> Therefore he is an existing when this jawundi was prepared. Correct. Yes.
because his his entry is not there in the jawandi.
>> Yes.
>> So therefore his original name is there.
>> Yes.
>> So therefore he will be in the original.
>> Yes.
>> Now come to the previous page 85.
Yes. Please open that. Now you'll find the name of Ramad Ali here.
>> Yes.
>> This is of 65.
So in 65 the PA contains the name of Ramad Ali head or fourth name. Yes.
>> Correct. So therefore existence is in 65.
Yes.
>> Therefore the second Jamandi is that he's the seller in 95 but his name remains as the patri in 1965.
So that is the link.
So this is there I understood.
Look, I have seen this document by it. You see Mr. P is a constructional we do.
>> Yes.
>> See I am acquainted with this part it is easier for me to see some certain things. So before we are trying to connect it because when there's a part of 1965 what we what we thought is or what we are thinking is that you may try to help A or C but you will not give them the order the SD is there >> yes is there I have seen Sid >> help someone with everything but to give original document That's some credibility as to relationship >> original documents but uh >> that is the only reason I this part with regard to clock number in P65 D is one that is >> that is that is something which is lacking in the law You see at zia when they are when they are producing they must know under the land regulation how to connect the document one document with the other.
>> Yes I I missed this number.
>> Yes it's okay we don't because the fact that >> 86 dark number is that I but it the earlier of the projected further the dark number is different of law it have to be. Yes, >> have to be that is what I'm saying that they don't know how to how to prove a land record for different time not in a hurry. You can examine it.
You can see it again. Yes, I have seen it. But no is in par 26 para 9 p 26 para 9 that exhibit 9 has been dated.
You see there is travelers who make a mistake. The reason is you're not doing that. You need some assistance to read the document. These things are not explained in the evidence before.
Unless somebody knows how to read the land revenue records, they'll not be able to find out anything.
For that we are not blaming them. The bling is to the council who is representing the the petition they don't know how to present a document case.
>> Yes ma'am.
At least in evidence matter they should otherwise you see I know about it because of my practice in the transport.
Yes, >> but everybody will not have that uh >> because know how to read a land document >> from the evidence. It is not clear that they there is a that same mother.
>> It's not available.
>> Yes.
>> That's why they they have a document and they become a foreigner because of lack of knowledge of the conducting council.
You see exhibit seven also is a jamabandi that jamawi is independent of exhibit 9.
>> Yes ma'am.
>> They don't know how to connect it.
>> That's why exhibit seven is completely differentially.
It seems to be a totally separate respect of a different land.
>> Yes, different.
>> Yes, that is the that is the land which arrived out of the other SD.
>> Yes. After 65 there is another SD but they've not been able to connect it but relates to the next >> the exhibit seven perhaps is the German relating to sale at 1967 >> but there's no connection we also did not get it.
So that is why we are giving you we can take it some other day. We are not in a hurry.
>> Yes.
>> See there are three CLD 64 65 67.
>> Yes.
>> And the other is 1973. We forgot the 73 for the time being. So out of these three SLDs there are two German available.
>> Yes ma'am. So >> the first one is of 64.
That is why we have not been able to know actually what is what could not be connected with each other.
>> Yes. And there's no no clarity in the evidence.
>> Yes. What is the problem of evidence?
>> Had there been clarity in evidence it could easily validate point could be seen because they in the pleadings in the evidence they have not explained this properly. The tribunal also could not.
>> No, in fact the evidence is clumsy.
You don't get clarity of anything.
Even the written statement is like that.
There's no clarity as to which cell relates to which Jamai.
This lama bundi is of mental 1964.
We pass the that number is same 144 that number agreement seven is related to this of 1964.
>> Okay. 64 D is there first.
>> Exhibit two.
>> Yes. Okay.
>> Exhibit two is related to exhibit 7.
>> Okay.
>> Same D number 144 D number and the old D number in exhibit 7 is 144.
Then the exhib >> I think it would be better to give that burden to Mr. that let him find an epid bring it on record how you are linking the documents.
>> No. Yes. There you >> Because why should we spend our time in connecting the documents?
>> Yes.
>> You finally explain it to the way of an issue.
Extending the is auto revenue specifically to link the various sales to the present land revenue records.
Next is today 17th of July may I may be allowed to procure the documents from the I may be allowed to procure the document from the >> that you have to apply for permit that >> yes okay that's okay may you Number six on Monday detention camp.
Is that ready to open?
>> At which range?
>> 22. Your worship opinion.
You prefer an I also ship.
>> I for >> Yes.
Mr. signist daily opinion of 294 26 >> 29 29 April 2026 >> no let it common order in she's in detention that is to be released yes it's a recent opener of 294 page 22 Yes.
If I make permit sometime because uh if your lordship directs releasing order I have to get instruction whether she she may be deported also then in that case it >> no in that case the order is that if not already I also had some answer for the respondents. Opinion was at page 22 >> 29 22 >> 29 4 2026 by so and so in FT case number so and so border reference number so and so by the to be a cardinal for 25th 197 notice returnable on give a date after 5 days return extra copies in today's extra copies then you'll have to give it today extra copies in the day today >> uh call for the records.
Next time the council for the submits that person to the said opinion dated 294 2026 for the petition has been taken into custody and has filed a separate application for daily.
Next response so and so I think so and so they're filing this interlocator application the petitioning the connected Great petition has prayed for B.
Next is submitted that person to the opinion that 294 2026 namely Sensa has been taken into custody and she's presently jailb It is transit.
Next up, the prayer for bail is opposed by the standing cause for the FPN border matters.
If it's already submitted that may also be possible that person to the person to the person being applicant being taken into custody she could have been deported by now.
Next winner as it may as the petitioner has as the applicant has said the opinion for 26 in customer so the reference on so and so finally connected the court is inclined to provide that in the in the event the petition not been expelled from the country it shall be released on bail on punishing a bail bond of rupees 5,000 with one of life amount to the satisfaction of the police border no take the order from there three conditions one of bill The family shall produce a certified copy of the order before the super moderate authority take steps for the applicant from the campa 3 days.
And in the meantime to instruct the issue instructions not to in the meantime on receipt or certified copy of the order issue instructions not to report the applicant if not already reported and within 3 days for release of the petitioner sorry applicant those conditions are taken applications disposed May number 13.
>> Okay.
>> Item 17 to 19 taken up next.
>> We don't know. We let let the court master decide. not be able to say it right now. Let them take a call.
This is a matter which is part today copy.
>> Okay. But earlier you also directly file to health department only but parent department is so money from police department. So today we'll file every week next week any day.
No Wednesday because we'll prepare to pass on this.
>> Okay. This item item number 30 is Vana Council for the Mr. P.
Senior government advocate for the respondents senior communicate is being filed in course of the day today by the I >> respond number seven >> respond number seven copy thereof we serve down the negate >> next the matter again on >> proponouncement of judgment pertaining to Kohima bench item one.
For the reasons assigned, we have not found any informity with the decision of the learned signal.
Then accordingly the opening stands dismissed.
My lord, I'd like to mention one review petition uh which is pass asked by this honorable mention with the concept of the petition.
I pray for legal accommodation for Ruby.
I pray for accommodation for lawy. I was supposed to file the lawy but I have not received the 2024 matter >> not even I also I was I was required to file but some >> how much time you need after vacation.
I'll make it last last chance because it's 2020 for the education department.
The last opportunity is granted to the respondents to find the telling which the matter would be heard on the basis of details available on record based on July.
Yes. Number 18.
Yes.
No matter for secondary education >> 24 again a review of 2024.
>> Yes ma'am.
in review while you need to find an epid and thereafter uh we have included >> the elementary education department is >> elementary so you you appearing for second year I am for the secondary Okay.
You have been impeded in the review petition.
>> Yes.
>> Initially.
>> Okay. It was only school education department. Now it has been bifurcated.
Okay.
>> Okay. Both sides are presented.
>> Elementary department. I >> understand.
The on the made by for second education department. One last opportunity is granted to the respondents to find their effect in opposition failing which the matter would be heard on the process of available on record to mention item 14 >> 141 I have taken concern from the petitioner in this 2 three and four um that university item 14 >> 14 14 supposed to file our epidal council matter about >> yeah I'm a legal council >> what is the matter about >> this is about the for his admission in the PhD is a persons with disability admission subject wise in that way his reservation or another disability could be urgency in the matter. Yes, my decision one year has already been lost.
It is not come out.
>> Who is the authority to give you the instructions?
>> Yes, they this will be signed by instructor by whom?
>> Uh by the register in charge of the portal university after vacation. Yes. such a fix date.
I'll have to pay for a fix because >> for him agency is there.
>> Yes. Australian.
going by for the cotton university.
The one last opportunity is granted to the said responders to file the reput the case of the petitioner is that he's a person with benchmark disability suffering from 80% local motor disability and accordingly able to be eligible for admission to PhD program which is admission was denied in view of lack of any reservation or the presentation has been filed in article 26 of the constitution of India.
Next question. As the matter relates to admission in the PhD program for higher education pursuit, uh the all the responding authorities are put for notice that in the event the epidemic in opposition is not filed within two weeks.
within 137 2020 six the court will make an elevate to hear the matter on the basis of materials available on the respective standing person for the university and the study poses for the higher education If I can shall send a download copy of this order to the respondents to bring the order to the notific Next up based on 207 2020 six. So you have to file.
What do you have to file?
>> 13 you have to file and then the order of this court you will transmit it to all the respondents bring it to their notice.
We are listing the matter on 2020 July 24th 24th Friday.
Okay.
For admission item one in this as per queries of the finance department, the government secretary to the government of directed the director to take the steps and accordingly my lord uh the uh record or information are being collected from the district's mailor and uh the director has informed uh that information are being complied compiled uh in the state level and it uniformity and authenticities are being examined. Few information received lacks clarity and few information from some districts are yet to be >> having that information you are already having. Why you need a comparation?
Sir information is required as per the finance department and uh so there is some understandition was filed in 2024.
>> Yes sir.
>> And they are clearing the benefit of 7th pay commission.
>> Yes.
>> So the benefit you are knowing.
>> Yes.
>> People who are working you are knowing.
>> Yes.
>> What is the inquiry you are trying to make? Please give some clarity because of 2023 they've been submitting proposals. You know there are in fact two prayer two pastor prayer. One is with regard to the implementation of seven pay commission benefits and the other we are of course seeking a pay parity to the extent of the great post we don't know has to go to the pay committee >> they'll have to take a decision as to whether the >> they they there is there with us >> okay but for the purpose of this 7th day benefit >> so for the purpose of seventh pay from 2023 they've been sending proposals so I don't know what instructions They want to have it now.
>> Madam, the religion records has been examining by the director office of the director of various.
>> That's that's a very easy answer.
>> Yes.
>> Today if I start examining this it has about 400 pages. It'll take me 2 days. So for 2 days I'll not be working for any other matter.
There will be no adjudication in any other repetition because we are examining.
>> Will you like it?
>> No.
>> Then some time frame may be given out of the director.
>> You see we have lot of space in the hypo. We will request your authorities to come here. We'll give a table and they will examine the records here and address us.
They will instru you and you will you will You will make your submission in the court.
>> You tell us what examination you are doing.
>> Actually various documents have to be come from the district.
Please tell us it is specifically you see every list is now computerized.
It will be available the whatever from each treasury you can find out how many people are drawing salary.
As for finance department information this point the queries have been made in following point number one total exact number of occasional part-time research are required for equalization of pay.
Number two total financial implication.
Number three, buds are provided for 2025.
>> This is the idea already and this is the Please tell me these are vocational pictures, right?
>> Yes, vocational pictures. Do >> you have any difficulty in accepting this page 139 to 158?
Page 15 139 to 158 are the incumbent vocational teachers.
Are you disputing this?
Total exact number of vocational part-time teachers required for equalization of pay.
Now please tell me I'm just asking question because I'm ignorant of it that's why I'm asking.
Now in this list let us assume that there are 100 people.
>> Yes.
Now tell me one one person in your government who has this fine to tell that we need 50 and 50 can be terminated and who are the 50 people who should be terminated and these are the 50 people who should be considered for examining. Has that exercise been done for any department in the state?
No.
Therefore, please tell me how will somebody give a justification of how many vocals and teachers are required to be regularized.
No regulariz financial implication also there understand if the pay is from 1 to 2 financial duplication is one rupee.
So where is the difficulty? What what data you actually need? We need we need to understand what is the data you are collecting.
Now in your chamber supposing you have three juniors.
You think that you need to keep only two.
So to one you what do you do to the one you don't want to keep. You tell him that I can't keep you. As simple as that.
>> Yes.
>> See in this if there is 100 people here you don't want to keep 20. Give them a notice. Give them a golden handshake and the end of the matter. Please tell me which officer will do their exercise to tell that in this government department out of 100 we need 20 and this 20 sorry 80 and this 20 can be left after examining all these things from director's office it goes to the secretary and there secretary secretary take the further process regarding the financial approval or others after getting the financial approval They allow the candidates.
>> But you see you are asking for a data total financial implication.
>> Yes.
>> If finance department is writing these people don't know how to work in finance.
>> You go to market and buy milk.
>> Yes.
>> It was 15 rupees yesterday.
>> Today is 52 rupees.
>> Yes sir. Now who will what calculation do you need to know that the financial implication of buying a fresh liter of milk is 52 rupees only you have 100 people they are giving getting a salary of 100 rupees per per person >> 100 into 100 is how much 10,000 >> yes >> now you have to pay 200 rupees to each >> 200 100 people will be 20,000 financially ification will be 10,000.
What is the difficulty in making that calculation and you need how many years to do it?
Third is budgetary provision provided for 2526.
If you have not regularized, how can you give a budget?
2526 is gone.
Please tell me what is workable in your in your query.
I'm asking you because I don't know >> may be given to the officer and all I'm asking because you say I don't need no finance.
Please tell me your what is your workable program in this never ending.
You see that we presume that we will give you 3 weeks time till the vacation.
Ignore every time it is coming we are putting it in the order that with the nature of queries it it appears that the authorities do not want to do a simple calculation which they are sending files from here to there and therefore we'll hear the matter on the basis of it is available on record also presented be to women from the school education department has submitted that the finance department the finance within P RU department is examining the matter and the files have been returned to the school education department to examine the matter and to resubmit its views and clarification on certain points.
So it is submitted that the district wise data is being compiled which is taking some time.
The case of the petitioners is that they are vocational teachers and going to denial of pay parity and the denial of pay scale for the post-graduate teachers.
Though they are discharging same duties, some of the authorities have been sent propos three proposals on 12th 7 2018 10 2022 and 25 2023 respectively for being granted benefit as per the recommendation made by is seventh pay and productivity pay commission.
Next up this The petition is pending since it was filed on 666 2024.
Despite issuance of notice of motion where audited at 177204 the except for the respondent number three.
and number three. Oh no, I believe it has been number three has filed two and three.
The respondent numbers one and two have not yet responded one and two have not yet in opposition to note that when the departmental heads are calling for the report from the from district they have not been able to compile the requisite data for nearly two years.
>> Not very serious in the In responding to the petition on the rest, the court is inclined to grant time till time to the respondents till 15 7 2020 6 to 5 minutes telling which the matter would be heard on the basis of materials available on about next. We request the learners standing on for the secondary education department and finance department as well as the property department to send the download of this order to the consent author.
Next does the matter on 207 2020 number two.
>> We have recorded two but missed out.
Yes. Item three, please.
We going to file a reply.
What is it represented?
Please file activity not position reply against the notation and respond based on 27 27 27 6 item four.
Yes. May I place the facts? M. I was appointed as the head headmaster of Kazara High School. It was a venture school then by the managing committee by an order of 31st of March 2008 following advertisement and interview.
Now thereafter I was removed from service by an order of 26th of April 11.
I filed a repetition method 3019 of 111 assailing the order of removal which and the repetition was allowed by an order 165 2012 at page 70 operated part. If I may invite my notes attention 68 it starts 70 is the operative.
this what is this my instruction I have received secondary education I'm appearing on behalf >> instructions on behalf but no was filed file but there is some subsequent development and hearing was also held on 2nd of June last year.
>> She's on a different track altogether.
>> It's totally on different track altogether. My case is somewhere else and the instruction is somewhere else.
May I present my >> No, we've not seen the instructions.
>> My is not by >> they have not as required by the last order.
>> No, it's not here.
>> There was no compliance of the honorable of this high court earlier also. That's what I was trying to please.
That is not right.
There's an epidem in opposition epidemi after that in the last mention 29th of January 26.
>> Yeah.
>> 44 4626 it says this the matter of 196 enabling the learners for second education to file an activity to bring on regard instructions received by him.
So therefore this instruction >> yes thereafter that you are hearing was held in after this communication lawsuit on second of >> but it's a different part all together nothing let him complete let him complete otherwise I understand the report of that hearing is received by me that fellowship which me I can bring those instructions No activity in such matters.
>> The hearing was done between both sides.
>> Both sides of the all the parties were present.
>> Okay, let me bring it on record.
>> It's okay. But if I may just add on you know this case has nothing to do with any hearing whatsoever.
>> No, you see you are questioning the what do you call the provincialation of the responder as headmaster.
>> Not sure.
>> Correct. And also the order at 29126 passed by is honorable court.
>> The precise hearing which has been done.
>> No, this is nothing to do with this hearing. This one in so far as we were not provincialized our services that led up to a hearing following a court's order. It is that hearing which my colleague is referring to. It has nothing to do with the provincialization of the present headmaster.
two are both different that would have no bearing on this case.
I am challenging the provincialation of the headmaster on the account. It is indicated in the orderated 29126 by this honorable court member. It refers to that kindly, if I may place it this way, m the order of provincial declaration did not include our names. We moved the statuto appeal. It was hot. It was heard by another person who was not the affate authority. Honorable court directed to go to the affate authority. Appe authority held and said that no reconsider again. We came to the court this honorable court said you do it in a time frame decide what is to be done. It is in context of that that the hearing has been held. This case is not that.
This case is the headmaster for services you have provincialized by the very order could not have been done so because of judicial pronouncements which were there and which are reflected in the order of 29th of January 26th minute in this honorable court's order. In this case >> you don't know but this letter refers to the master that's it mean there would be an order ofization >> that we don't know >> of course says that correct if I may if allow me to replace my submission below there's a particular look at this let's defend below I'll place this with me.
There's a particular order which is impuned in his repetition that is 4th of January 21.
That man finds at page 20.
22 is the chart capacity 2200 Wahu Rahman at number one as headmaster we challenging the provincialization of Wahidu Rama respond number five hearing because of certain rounds ABC who had also filed a petition separate that is 400 of 2024 wherein we had said our non-inclusion in that list is bad in law we had filed earlier also and on that count the honorable court said your vote was stately authority appate authority we had gone to the authority but our appeal was heard by another authority was not the authority thereafter we came to the honorable court and the honorable court said all right now the applet authority They would hear your matter. Affleate authority had heard the matter and said they redo the entire exercise. At this we came again all things were you take a call. Now the honorable court said that kindly do it within 2 months. Here both of them whatever is to be done. It not having done a contemping which is listed today before another honorable court mayor. Now they say that in that one some hearing has been has taken place.
This would have an effect in the contemp whatever do with my claration. This case simplicity is that respond number five would not have been provincialized because of judicial pronouncements which if a few permits I may place.
Yes, >> my brother. I was appointed as a headmaster and removed from service by an audited 264 2011 which I challenged in WPC 3019 of 11 which was allowed by audited 1652012 at page 68.
My termination was interfered with page 68. What is the order of 29 since 2011?
>> My lordships >> 29th since 2011. What happened?
>> 29 6 2011.
>> Oh, I'm sorry. This was past 11.
>> Yes. 26 291 constitution of the management.
This is referred to in the uh in the judgment.
has been report 4550 would be 2161 and 55 59 >> 59 that >> 59 >> this order that is ordered 29 >> appointing president and vice president of SMDC >> my SMDC would appoint the head master >> that was held to back I'll place it you know in the situation if I if she permits I'll place it in the way the order came so when my removal by an order date 2641 was interfered by this honorable court at page 68 and 17 the date is 165 2012 page 68 is the order of this honorable court and the operative part is at page because we litigating so much time have time to teach and now it's game that their appointment is I will not say >> whatever is there the judicial pronouncement pling them the headmaster is continuing even that is the order by this honorable court 29th of January >> the last part of paid 70 that being the position if the decision of the assistant inspector of schools 2461 removing the petitioner that's me from service and the subsequent communication issued by the president of the school management committee is set aside in view of the above any subsequent appointment made to the post of headmaster in place of the preditioner shall be of no legal consequence. So in my place if anyone is posted I mean appointed it will be of legal no legal consequence. They moved in a period page 73.
Yes, they moved in at page 73 while Rama moved in and the president by an order of 25th of July 2012 the order the operative party had paid 74 mil.
Yes, >> we have heard may I read from that part somewhere middle.
>> Yes, >> we have heard the council for the parties. It is undisputed that the impute termination order does not comply with the requirement of section 15 of the act in absence of which the said order has no legal sanctity. Thus, we do not find any ground to interfere with the view taken by a single judge. Now, the council for the apparent states that the managing committee had conducted an inquiry and found the appointment by the previous managing committee to be illegal and non-existent. The said inquiry is not shown as per section 15 of the act. It is clear from letter and appointment uh from letter of the appointment that the rich petitioner was appointed by the president and secretary of the managing committee she also shown to have dealt with the school funds. It would not be held that her appointment was non-existent in view of the above the appeal disposed of. It is however made clear that this will not debard the managing committee from proceeding in accordance with law for taking any fresh decision. So therefore the order by the honorable single that I would my my removal was set aside and that any subsequent appointment made to the post of headmaster in place of the petitioner shall be of no legal consequence was affirmed.
Now 17 2011 we know 17 2011 at page 53 the present headmaster was appointed page 53.
Pausing for a moment. M 17 2011 is after I mean 1711 continues. Okay. And in view of 16512 1711 is after my removal. My removal is 26411.
My removal is 26411.
After my removal 1711, the present headmaster comes in.
My removal would be 2641 >> 2011.
>> 2641.
My removal.
Thereafter 711 the present private respondent comes in as the headmaster.
>> 2641 your removal. 2641 my removal.
Correct. My removal.
>> Yes. And 1711 at page 53 is the private respondent coming in as a headmaster.
>> Respondent number >> five.
>> Five.
Now 16512 at page 68 and 70.
16512 where my removal was held to be bar and it was said that any person coming in in my place any subsequent appointment made to the post of headmaster in place of the petitioner shall be of no legal consequence necessarily the appointment of the private respondent to invalid by the order of the honorable high This was carried in appeal by the private respondent. Appeal was not allowed. It was in my favor. Therefore, 1711 the appointment and the continuence of the private respondents was essentially baring law in terms of the directions as by this honorable high court.
Again we had filed a petition that is WPC uh450 of 2015 where we had challenged the constitution of the managing committee which had appointed the present headbas.
The order to that is at page 55 and 59.
Page 55, the order starts in WPC45015 and the operative part at page 59.
59. The last paragraph if I leave Yes, from the second last paragraph if I may read. Therefore, the second last paragraph somewhere. Therefore, the set managing committee.
Yes. Therefore, the state managing committee being constituted in violation of the provisions of Assam non-governmental educational institution regularization and management act 2006 with regard to alja sonur high school is bad in law. Further any such decision taken by the SMDC constituted by the inspector of schools Kamu district circle goati in violation of section 12 of the act is also bad in law and honest in the eye of law. Further, it is also noticed that a set SMDC of the school in question illegally constituted by the inspector of schools Kamu Gujhati by the impute audited 29611 and further appointed the president and vice president of the state assembly by school by 26612 have already completed his 5 years terms spent its force and ongoing existence.
So the managing committee which was there when appointing the private respondent was also had to be very involved at the relevant point of time.
The third thing against him.
And the last one.
in so far as I'm sorry.
>> Yes sir. In so far as appointment of the private respondent as the headmaster and continuence, we had filed a petition WPC 1260 of 2012 which was decided at page 71 below.
Operative part of page 72. One liner.
Yes, it reads and if I may read middle in view of the order pass today 16512 in WPC 3019 of 111 no further order is necessary in this case meaning thereby my removal being held that in law and the headmaster cannot continue being held in that piece the same day the same Order says because it is passed that no per order necessary in this case.
After all these orders madam judicial orders he not only continued in service but also was provincialized. So far as our non-provinialist part is concerned that took a different route albeit it was connected at juncture at times but it has nothing to do with the challenge we are doing here. Here what we are saying is your action is bad on two counts. One, you have allowed a person to continue in violation of the honorable high court's order. Number two, you have also provisionalized him.
But this action of yours visav our non-consideration in a different case altogether which we pursuing. Of course, we will the hearing has also been done.
His thing should have been set aside and I ought to have continued from that law.
I'm not claiming any extra benefit out of that. But I'm just pointing out to this honorable court the extent of discriminatory act treatment being me that's all nothing and this honorable court's order at 29th of January 26 will have it this court's order in this case >> 29th of January 2026 >> which page >> no this was an order pass in this case when I had that day also pointed out these happenings in a chronological order.
Paragraph number two onward if I may read.
The petitioner was submitted that in view of orders passed by this court in WPC 3019 of 11 ret 205 of 12 and the orders passed in WPC45015, the case of the respond number five ought not to have been considered for provincialization in the manner it has been done by the respondent authorities.
Fu pointed out that the epidemic nation filed respond number three does not address this same issue at all. Although the same has been taken up with the rap petition faced with such a situation when council so and so appearing for respond numbers 1 2 3 has paid for accommodation to be allowed to file an epid bringing on record the standard to respond authorities with regard to the assertions made in the submissions of the council appearing for the petitioner in that view was granted why after all these things how could they continue on I put that question to myself and now they're talking of a hearing that hearing is on my non-trivation partner That would be referring this all together man whose appointment was held to a barber continuous bar and for 2012 one was and promised app to have in his case whether or not my services were considered for this way of that that's my case and the service was complete on respond number five the honor of Accord 14th of May to 25 deemed to have been completed though.
He did not choose to appear and contest.
Yes.
Before getting one thing I would like to clear in person of the order 291 2026 has been drafted for vetting by my land that has come after signing. Yes, I have been informed.
Pardon me.
2912 has been sent for vetting by my friend but come after that you file it.
>> I have sent it for vetting to the inspector of school and I have talked to the inspector of school but inspector of school told me that certain development has occurred in this matter. and hearing also called forth by the director in director and regarding her view or her instruction that uh the petitioner appointment was totally fake my lord here it is said my lord that the record submitted by mutista kakot reflects that during the year 2019 she received all financial benefits as a headnaser and Abdul Barik Mutak Ahmed were also received benefits as assistant teachers of the state school. Surprisingly Wedur Rahman also submitted document that he had received all financial benefits as a headmaster and as such to confirm with the facts relating to trace out the genuinity of the person who has hold the post of headmaster a letter was issued to inspector of school cam me this office letter number so and so that is 24121 in reply of the state letter inspector of school confirmed that there is no record ever showing as headmaster and he never received any financial benefit as a headmaster of the state school.
Who is husband of sunot was an teacher and at the same time he was the headmaster of the school. The appointment of sunot abduli and muhammad mustak a were appoint approved by dear kayod and it is later verified that dear kayod who is husband of sun kakoti was an assistant teacher of azara sonar me school was also acted as headmaster of Azara high school in the year 2001. In the year 2005, Devil appointed Sunoti as assistant teacher and his ser her service was upgraded as headmaster in the year 2008. Later on and Sunoti appointed Syad Abdul Bariki Pun and Mohammad Ahmed and appointments and orders are invalid and manipulated.
GS order number two and two that is 30 August 2022 rejected the claims claims of the petition and no available authenticate record of attendance registered against Abdul and Ahmed >> but you see that inquiry we can't take >> so of this if there's a judgment which says that the appointment front of is bad.
>> Yes, >> we are not hearing a review.
You have not filed any appeal or any review against that order >> bringing bringing on record the this things. You will have to omit whatever is you are saying >> even this was >> on the premises that the on the hypot is still pending and today is listed in the port number 21 >> that's a different matter all together my nothing to do please don't disturb me is something I absolutely dislike I'm sorry sometime may be granted so that instruction. You see, you must tell them the instructions they providing is of no use.
Will you accept it?
>> Yes.
>> Yes.
>> If this instructions come, will you defend that instructions?
>> Yes.
>> Can you do it?
>> Yes.
>> Then those instructions are correct. The respondent should have one in the field and we come after and in the hold discussion with the officers and take instruction that The difficulty is your prayer. You tell us a fact. That fact relates to something which is contrary to the judgment of this court 165 2012.
We can't possibly record it and then give you time for that.
What we can only do is to give you an adjustment on your that doesn't help us in any way. Let us say after weeks we come with the same how does it help us to adjudicate the matter we'll have to proceed from the from this order of 16 you're not telling that for making those fake entries you have filed any you have taken steps against this the or against the against the present petitioner for the fraud they have committed that is also not your Please.
The fact remains that the petitioner having got an order in 2012 that the appointment and her removal is wrong for now 14 years she is continuing to be Mr. Now the fundamental point here would be that the appointment order of the respond number five that was challenged in WPC 160 2012.
Yes, this court referred to the order of 165 and said that no order is required to be passed. That means 165 stands above.
Then the what do you call theation is first is explicive at the second problem is with your pay for government is that we will be taking into recognizance of uh of the fact that despite the high court passing an order, you have done a hearing that is again condemned to us.
There is something you can't permit.
kindly join us one time so that we can uh after discussion with the officials we can make our This kilometer assisted F >> to the British move.
from home.
You shall not on the ground as per instructions received by him. uh hearing has taken place for the >> mam from the inspector of school >> before the inspector of schools.
>> Yes sir.
Next from the materials placed by the forest.
It appears that this court by judgment and order 165 2012 passed in WPC 3019 of 2011.
Not the petition filed by the petitioner and help the termination to be bad.
Accordingly, the decision of the assistant inspector of schools dated 24th, 2011 by removing the petitioner from service and subsequent communications were set aside.
It view that any subsequent appointment made to the post of headmaster in place of the petitioner shall be of no legal consequence.
Further providing that the petition shall continue as a pastor in the ag in the field 257 2012 pass 205 of 2012 In the meantime, the appointment of number five to the post of the master of the head school was assailed by the petitioner by firing WBC 1260 2012.
and this put by its order 16 2012 meant that in view of order passed on 165 2012 in WBC 3019 of 2011 no further order was necessary in the case in other words this court had affirmed before uh the 16th 2012 where the any subsequent appointment made to the host of a pastor in place of the shall be of no legal consequence.
Moreover, it has been placed that ordered 216, 2017 passed in WBC 4450 of 2015.
The then managing committee which had issued the accountant order 291 in favor of the form of 5 was also held to the bad law.
Next time to understand the purpose of The inspector of hearing the issue of issue relating to appointment of responding five as the head master which such hearing operates contrary to the order that 165 2012 passed in WPC 3019 of 2011.
Oh, not a ground assigned for adjustment.
made by the secondary education department on 217 26 It's you referred to your ground of adornment. We say that it is not on that ground but otherwise on your prayer we are adorning it.
>> We have made our mind clear that the hearing would be would amounting to overreach of the orders of the court.
Please take care. used to consider the pract I don't have what you have very difficult to feel in a different than Well then one line to that if I can then there should be no further adjournment on any count whatsoever even if I am not there my colleague to address that whatever she can put in 14 years of litigation suffered by the petition provided for the shall be.
Hello Huh? Lordship Mr. because of some medical condition Lord Ship he had to leave and he has informed me lordship that he has actually missed to communicate the last order to the department also. Lord >> you updated instructions for proposing pension.
>> Yes for pension from the director of accounts and treasury lordship.
This is pending.
>> Yes lordship on the last on the 10th lordship we were directed lordship. He has missed out. So one small immediately after the vacation we we I'll communicate the director of accounts and treasury department as the understanding of the The constant tragedy standing up for the finance department the standing the director of accounts and treasury of the requirement to obtain updated instructions regarding the status processing the pension proposal of the petition.
>> Please any date after the vacation senior >> 227 online let me add one online of this should not be a back for the parties through >> perfect and is the pension if he's found and >> my she this is ready >> my item six in this matter uh directed to file matter. We have filed yesterday and probably is not on record. Yesterday we have filed matter from the department respondent number two matter relation.
But this goes after we not be able to take up the hearing now.
apping for which department of director director elementary department number two madam represented by the direct comm. So we have filed on behalf of director of the moment education department submitted that on behalf of the director of elementary education from an epidemic in opposition has been filed on 18 626 Reply if any by then by the next day of this next >> after this form 227 2026 you have given him a copy.
>> Yes ma'am. Copy. Yes. He said also it doesn't matter.
Good.
Item seven.
>> Seven. My lord. I pray for my lord. Uh copy of receipt today. My lord. So we immediately after going today for the elementary department that he has received a copy of the Okay. The activity in opposition should be filed by the respondent members 1 to four.
Next copy there of the learn that reply reply if any we can be filed on the next date of this week on 22 726 item eight our instruction instruction instruction similar type of cases have already been dismissed by the honorable >> I don't know that arguments ization. You see after 2 years after we file oursel for the senior council sister >> amro council is present Next, Mr. >> BC Mahari.
>> BC Mahari.
>> Respondent numbers 2 3 8 9 and 10.
>> Respondent numbers 2 3 8 9 and 10. Okay.
>> 8 9 and 10.
Please for some more time to find activity in the matter.
>> Next as the issue in the repetition is regarding claim for regularization.
area salary.
>> No payment of and payment of salary along with the respondents have to notice that in the event the respondents failed to file in opposition.
So within the extended time of 177 2026 matter shall be heard on the basis of materials available on record.
Next we request the standing for the BTC transmit a downloaded copy of this order to all the concerned respondents to bring the order to their notice. Next based on 227 2026 we requesting you to send an downloaded copy of this order to the PTC please do it closeing for whom?
Muscle making >> item nine.
>> Yes Mr. Milert after issuing notice miler respondent authority have taken time on 46 2026 and 276 2020 for filing a mil but till today they did not file an affidavit and his salary was stopped 2007 in the meantime he was appointed in the he came before the honorable court honorable court directed to release him salary from 2007 area and current by the but in the meantime they give the appointment as a tutoing on the perception and direct from go to your order is there space 86 after the appointment of Dr. Milo the district elementary education officer Milo F6 with reference to the subject cited by the honor to forward here with petition submittable by court numbers newly accomodate tuto allowing the regular scale of pay as they had already completed the junior basic training and normal undert as my name is sh number one my but till today they did not do anything minor Sure.
We have already written to the the director directorate has already written to the uh to the district elementary education officer my we are awaiting the parab comments of the meot the DEO. So my lord will give us some time because this is a contested matter my regarding uh salary me and we'll be showing show showcasing my judgment of the of a coordinate bench me >> I'll fot within uh >> perhaps later is my june five method and there two times two occasion date we are waiting we have got instruction >> because there are coordinate bench he has taken appointment as a minor there is a quad judgement we'll be placing it on record >> I'm also 14 division B order >> once the this is a year old matter then activities >> but I'll ensure that it'll be fine I'm appearing today for the first time last given Okay.
are represented.
The standing for the elementary education department for further two weeks time to file within the matter for the next.
In this case the petitioners have assailed their content.
for claiming that they were regularly appointed teachers.
And therefore they claim that the petitioners claim that their past service has to be calculated for all purposes.
And therefore on being appointed as tutors they are debarred from claiming the benefit of past service.
This court has also recorded in the order dated 46 2026 the attention of the district that the would be retiring soon.
The response the last opportunity to challen activity in opposition.
It is made clear that no activities filed within the extended time matter would be anywhere would be made to hear the matter on the basis of details available on report.
Next, we request the learn standing for the elementary education department as well as the learn standing for the finance department. Mr. I'm instructed to send a downloaded copy of this order to the consent respondent being the order to the notice.
Next list for further consideration on 227 before that as the project that needing soon I made clear that in the next date of listing no adjunment shall be granted to the respondents from 227 202 6 this case We are >> the tutor status benefit of the passover >> and he's 58 years already has cross is the 50th birthday soon.
>> Yes sir. Please send >> it.
>> What is the age here of the police? He's not retiring.
>> 55 p.m. later.
If incidentally you don't have a copy of the repetitions also please take it from me. I will take a copy from my friend.
>> Okay.
Item 11 with 12.
In this letter, honorable directed me to produce the up to that instruction man.
I have received the instruction. I kindly take up the first item 12. I have received the instruction item 12. I seek some foring item 11. So kindly take up item number one 5347 W 5347 >> 5347 this matter pertaining to their they have not received salary because they are provincialized on the basis SLC recommendation without DLC recommendation method. So that when the EU search the myot found that they have not recommended by the DSC Milot. So on my lord 2021 >> in the year 2020 they have been stopped to stop for their salary they claim subsequently hearing is conducted my found is not recommended so one speaking order myot you see this please >> my god my god then then take it up from the I will bring the petition matters is very difficult to take my present the standing go for the element division department that he has received instruction and for some time to fight.
is allow the petitioner against nonpayment of salary since 152 is made clear that no further granted on the next shall be filed within 177 2026 6 22 7 26 >> you will file the by 17 we are taking it on 22nd >> you made it clear now for that understanding for the elementary education department send a downloaded copy of this order to the consultant responded to bring the order Item 13.
Amen.
My lord, the matter pertains to compression.
So the father of the LP father of the LP lost died on 236 1995 we lost >> 1995 he died. How will you enterain a repression now? So loss lawsuit right at that moment you lost I have filed the representation you loss before this what is that living case after two years it has been >> yes there are some orders in favor of Even if there is a considerable delay, if it is the fault of the responding.
>> No, no. Even if there's no fault, >> even if there's no fault, there are judgments of the honorable Supreme Court in deal with those deals.
over.
Hey Oops.
remembers my honorable Honorable Dutard in view of the but here in this case you lo because they himself admitted the fact that there is a youship uh some lapses or false 31 31 that is the minor of the meeting 16 12 and 23 Uh remarks claw uh reason or remark down below.
Applicant father died on 23 6 1995 and submitted his application to the concern department in appropriate time. In the meantime, there was no provision for DLC meeting. So the concern department Dor had forwarded the application to the higher authority element education assign 19 to appoint him on compassionate grant in respect of decision so and so so and so. Now the decision has submitted another application on 308 2020. It is on the instruction of the respond authority uh as the traditional law. Let me uh to this office.
Accordingly, DEO has submitted the vacancy position of post AP and complete uh committee has decided to forward the proposal to the government for further necessary action. Now you worship come to page 36.
P 36 that is the letter to a letter by the deputy commissioner to the Z secret 36 NX 12 >> nothing will help you there's a division judgment which has followed the >> and it has that once the time period has not been But I have >> no you see the present what is the present scenario >> it will depend on the vacancy which existed then >> yes >> it is can you now come and say that in 1995 that is the vac >> but my submission lawsuit is that because 1995 I have submitted the representation in lawsuit my cause of action is still continue lawsuit because I have not abandoned Right from the very beginning I am still under the living expectation. Then there is a support in some new law.
I did it and you lost it another and and recent judgment you lost it that is uh Canada bank versus Ajitkumar P number I don't have the you citation right now that is discussed in Par 27 and 28 that is your lawsuit uh against the double property lawsuit in counter of double property lawsuit that is also Supreme Court versus Ojit Kumar GK Zman par 27 and 28 uh for delay caused by the respondents I'm also a loser in W uh WBC number 342 public 2025 before the honorable high court a bunch of decided they have silenced the OM 1809 2024 I also following the same lawsuit because here it is very specially indicated that before 2017 if somebody died and application >> bank what is the name >> uh that WBC number 342.
No, you said Canada. Can >> bank versus uh Canada bank versus M.
Mahesh Kumar that is your 2015 7C 412 C23 >> 15 but the letters government I don't have the copy allow me someday I >> no we have that once you give us a judgment we >> uh that is another judgment is there in losabang versus ozit kumar I don't have the cop I have given another one uh that is 2015 bank >> it is 20 I think 25 par 2728 Yes.
Yes. And also ship uh lawship it is not that that the petitioner should be in lawship posted in the uh accommodate in the same post even if there is no vacancy in the in the department the respond authority can accommodate some your own they themselves admit you that at that relevant point time there's no DLC and accordingly I have instructed your lawsuit to uh file a fresh and 2023 lawsuit I have filed representation and accordingly My matter was placed before the DLC. DLC after you having gone through every pro and cons of the documents eligibility and all your losses have been recommended for to the SLC law. So this 36 lawsuit that after sending uhing uh proposal recommended to the SLC they consider my case in the next SLO.
So respondent authority cannot take the advantage of their own own or faulty.
We cannot make to suffer for the inaction, negligence and administrative delay on the part of the law.
So we decided on marital lawsuit not on technical grounds.
Yes.
have challenged the place the government better position whether department.
Okay.
And also not requ anything anything you have to submit to that made submission.
submission. We don't need the government.
Oh, on behalf of I mean green 22 726 >> you take your citations you give it on that day >> otherwise it will go missing.
will be number 16 was there for 20 to 7 vacation. No compassionate matters to item 17 also date with >> it goes to that same date 227 much of sir This is awesome.
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