LOVELY SINGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal is presented against the judgment and order dated 24.08.2018 passed by the learned Single Judge in the writ petition, W.P.(C) no. 2888/2013 whereby the challenge made by the writ appellant as the writ petitioner, to the order of termination of her services passed by the Deputy Inspector of Schools, Mangaldoi on 12.10.2012 was negated by the learned Single Judge by holding that the initial appointment of the writ appellant-writ petitioner as Assistant Teacher in Lower Primary School was dehors the statutory rules of recruitment and her appointment was void ab initio.

(2.) The facts leading to the filing of the writ petition, as projected in the writ petition, may be narrated, in brief, as follows : 2.1. The Director of Elementary Education, Assam issued an order dated 26.03.1999 wherein it was mentioned that 6 (six) posts of Primary School (Mixed Medium) Teachers were allotted and placed at the disposal of the Deputy Inspector of Schools, Mangaldoi, District Darrang as per the list annexed as Annexure A thereto, subject to fulfillment of the conditions therein. With the said order, a list containing names of 6 (six) persons and names of 6 (six) schools was purportedly annexed as Annexure A wherein the name of the appellant-petitioner was found mentioned against Mahiakhat Lower Primary School. Subsequent to the said order dated 26.03.1999, the Deputy Inspector of Schools (I/C), Mangaldoi, District Darrang issued an order on 04.12.1999 whereby the appellant-petitioner was temporarily appointed as a Stipendiary Teacher at Mahiakhat Lower Primary School with monthly stipend of Rs. 1,800/-. The appellantpetitioner accordingly joined the said post on 06.12.1999. 2.2. It was a condition in the order dated 04.12.1999 that the appellant-petitioner would initially get a monthly stipend of Rs. 1,800/- and subsequently, would be deputed to undergo basic training for a period of 1 (one) year and upon successful completion of such training, she would be given regular scale of pay. By an order dated 19.05.2003 of the District Elementary Education Officer, Darrang, Mangaldoi, a number of Primary School Teachers including the appellant-petitioner, were released for undergo Junior Basic Training in different training institutions. Accordingly, the appellant-petitioner took part in the training course and passed the Assam Basic Junior Teacher's Training Certificate Final Examination from Biswanath Chariali DIET Centre. A certificate dated 22.04.2004 was issued to that effect. Upon completion of such training, the appellant-petitioner came to be appointed in Mahiakhat Lower Primary School in the regular scale of pay, by an order dated 03.01.2005 of the Deputy Inspector of Schools, Mangaldoi. Thereafter on 01.06.2005, the appellant-petitioner was transferred in her own post and grade from Mahiakhat Lower Primary School to Salaimari Lower Primary School by an order of even date passed by the Block Elementary Education Officer, Khoidabari Block. The services of the appellant-petitioner as Primary School Teacher got confirmed w.e.f. 01.12.2004 by an order dated 25.07.2008 when she was serving at Salaimari Lower Primary School. 2.3. It was the case of the appellant-petitioner that the then Deputy Inspector of Schools, Mangaldoi by an order date 26.09.2012, brought 158 nos. of posts serving under OBB (CSS) Scheme under non-plan posts for the period from 01.03.2012 to 28.02.2013 and amongst the names therein, the name of the appellant-petitioner was included. But while the appellantpetitioner was serving as Assistant Teacher at Salaimari Lower Primary School, the Deputy Inspector of Schools, Mangaldoi all of a sudden, by the impugned order dated 12.10.2012, cancelled the retention of the appellant-petitioner's post by making reference to a termination order of 285 nos. of Primary School Teachers dated 09.10.2012 of the Director of Elementary Education, Assam. Aggrieved by such termination of her service, the appellant-petitioner preferred the writ petition, W.P.(C) no. 2888/2013. Faced with the dismissal of the writ petition before the learned Single Judge with the observations, briefly mentioned above, the present intracourt appeal has been preferred.

(3.) We have heard Mr. F.U. Borbhuiya, learned counsel for the appellant-petitioner. We have also heard Mr. P.N. Goswami, learned Standing Counsel, Education (Elementary) Department and Mr. A. Chaliha, learned Standing Counsel, Finance Department appearing for respondent no. 10.