SAMIR KUMAR MAJUMDER Vs. UNION OF INDIA

JUDGEMENT

(1.) Samir Kumar Majumder (the appellant) was a school teacher at the Railway Higher Secondary School, Alipurduar Junction. He taught mathematics to the school children. Aggrieved by the judgment of the High Court at Calcutta (hereinafter referred to as 'the High Court') dtd. 19/7/2011 in W.P.C.T. No. 130 of 2009, the appellant is before us in appeal. By the said judgment, the High Court denied him absorption as an Assistant Teacher in the Higher Secondary Sec. and also rejected his claim for continuity of service.

(2.) The appellant was initially appointed as a Substitute Teacher on 5/12/1989. According to him, artificial breaks were created in his service by terminating him on the eve of the school vacations and thereafter reappointing him. The appellant states that he was terminated first before the summer vacations on 9/6/1990 and was re-engaged on 24/7/1990. His further case is that he was again terminated on 22/9/1990, on the eve of Puja Holidays. According to him, he was re-engaged on 1/11/1990.

(3.) When the matter stood thus, the appellant, fearing further creation of artificial breaks filed an application being O.A. No. 209 of 1990 before the Central Administrative Tribunal (for short 'the Tribunal') Guwahati Bench. He prayed for setting aside of the letters of termination dtd. 9/6/1990 and 19/9/1990 and also prayed for regularization of his service and for salary during the period of breaks.