Staff Reporter
Guwahati: The Gauhati High Court exercised its powers of review in a judgement in a writ petition that was passed on the basis of an error in the materials on record. The judgement in question directed a scheme to be made in respect of Siksha Sarathis, who had put in more than 10 years of service, when there was no such contractual teacher who had put in that many years of service.
Justice Michael Zothankhuma, Justice Kalyan Rai Surana, and Justice Sanjay Kumar Medhi, while hearing Review Pet. 149/2019, ordered review in the judgement dated October 26, 2017, passed in regard to WP(C) 5002/2012. The review petition was filed on the ground that when the state government was in the process of complying with the direction passed by this court that a scheme should be framed for Siksha Sarathis working for more than 10 years, to be allowed to work till their normal retirement age, the state government found that no Siksha Sarathis had worked for more than the 11-month contractual period.
The HC had directed the state government to frame a scheme for Siksha Sarathis to get the same benefits given to Muster Roll workers, work-charged workers, and casual workers. The direction had been made on the basis of the finding of this Court in the impugned judgement and order, wherein it has been stated that the engagement of the Siksha Sarathis is now in the second decade.
The Advocate General, Assam, submitted that this finding of the Court was ex-facie erroneous and not based on any fact or document. As such, the subsequent direction passed by this Court for framing a scheme for Siksha Sarathis, who had worked for more than 10 years, could not be implemented. He accordingly submitted that the direction given for framing a scheme has been based on an apparent error of fact.
The HC ruled that since the directions passed in the judgement dated October 26, 2017 are contrary to the materials on record, which are ex-facie, the court would be within its jurisdiction to review the aforesaid judgement.
The judgement dated October 26, 2017 passed in regard to WP(C) 5002/2012 was accordingly ordered to be reviewed.
Also Read: Make Siksha Setu error-free and implement: Sadou Asom Sanmilito Sikshak Mancha (sentinelassam.com)
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