JYOTISH MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Singha, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned Standing counsel, Elementary Education Department.

(2.) The matter pertains to the petitioner's claim for continuation in service by allowing the petitioner to re-join his original post of Assistant Hindi Teacher in Borigog Balak Vidyapith M.E. School, in the district of Kamrup (R).

(3.) The petitioner was initially appointed as an Assistant Hindi Teacher in Borigog Balak Vidyapith M.E. School, in the district of Kamrup (R), vide an order dated 22.07.1988. Thereafter, he applied for appointment as Assistant Enforcement Inspector in the Department of Transport, Government of Assam, to which he was appointed on ad hoc basis. Thereafter, the petitioner applied to the District Elementary Education Officer, Kamrup, on 12.03.2001 for lien and, having granted lien for a period of one year vide order dated 31.03.2003 (Annexure- 4), the petitioner joined service as Assistant Enforcement Inspector under the Department of Transport. On expiry of the aforesaid lien period of one year, the petitioner submitted an application dated 11.03.2003 (Annexure-5) to the District Elementary Education Officer DEEO), Kamrup, for extension of his lien period. While continuing his service as Assistant Enforcement Inspector, the petitioner submitted applications to the DEEO, Kamrup, on 11.03.2004, 11.03.2005 and on 11.03.2006 (Annexures-6, 7 and 8, respectively) for extension of his lien leave. Subsequently, by an order dated 01.04.2008, issued by the District Transport Officer, Nalbari, the service of the petitioner was terminated and he was released from the Transport Department. After his release from the department of Transport, the petitioner submitted an application dated 30.10.2008 before the DEEO, Kamrup, for allowing him to resume his duty in his original post of Assistant Hindi Teacher in Borigog Balak Bidyapith M.E. School. By enclosing some medical certificates in respect of his son's illness, the petitioner contended in his aforesaid application dated 30.10.2008 that he could not resume his duty in time due to his son's kidney operation. By a letter dated 01.09.2009, the DEEO, Kamrup, asked the petitioner to submit his reply within seven days as to what the petitioner had been doing till 31.08.2009 since the date on which he had been relieved by the District Transport Officer, Nalbari. The petitioner submitted his reply on 02.09.2009. In this connection, the Director of Elementary Education, Assam, vide his letter dated 24.06.2014, sought for the following information from the DEEO, Kamrup: