TARUN TAMULI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been preferred for setting aside the notification dated 23.9.1997 (Annexure-B) issued by the Commissioner and Secretary to the Government of Assam in the Finance Department. The petitioner is the Secretary of the Goalpara District Higher Secondary Teachers' and Employees' Association. As many as 67 Subject Teachers in different subjects were appointed in different Higher Secondary Schools in Goalpara District on adhoc basis as per Assam Public Services (Adhoc) Rules, 1986 and they have been discharging their duties sincerely without any blemish. It is pleaded that the said 67 teachers have a right to get regularisation and prayer to this effect was also made to the Respondent No. 4. No action has been taken so far to consider their case although they are entitled to regularisation as per Rules. The said 67 teachers were initially given the benefits of increment on completion of one year's service. Besides, most of them also came out successful in the selection test and, as such, they are entitled to regular appointment. Presently, their grievance is that by the impugned notification, the benefit of increment in the time scale of pay has been withdrawn. Hence, this petition for quashing the notification.

(2.) I have heard Mr PC. Gayan, learned counsel for the petitioner association as well as the learned State Counsel. Shri Gyan assailed the impugned notification on the ground that the teachers have been appointed as per provisions of Rules of 1986 and, as such, the increment given to them annually cannot be withdrawn.

(3.) The impugned notification dated 23rd September, 1997 (Annexure-B) is quoted below:-