PREM RAJ GOALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U K Nair, learned senior counsel for the petitioner. Also heard Mr. B Kaushik, learned counsel for the respondents no. 1, 2, 3 and 5 being the authorities under the Elementary Education Department, Government of Assam and Mr. A Chaliha, learned counsel for the respondent no. 4 being the authorities under the Finance Department, Government of Assam.

(2.) Considering the nature of the order proposed to be passed, we are of the view that the respondent no. 6 need not be heard for the present. Accordingly, we also ignore the office note of 19.5.2020 which shows that neither the A/D Card nor any un-served notice has been received in respect of the respondent no. 6.

(3.) The petitioner was appointed as an Assistant Teacher in the Manipur MV School in the Hailakandi on 20.10.1993 and accordingly, he joined on 21.10.1993. By a subsequent order of 19.09.2002, the service of the petitioner was regularized against an existing non-plan vacancy in the school concerned. On 16.3.2016, the petitioner submitted a letter of resignation before the District Elementary Education Officer, Hailakandi stating that he intended to contest the Assam Assembly Election 2016, from L.AC., Hailakandi constituency. Accordingly, the resignation of the petitioner was accepted. He contested the election but the result of his contest did not go in his favour. In that situation, the petitioner submitted an application dated 04.07.2017 before the Director of Elementary Education, Assam requesting that the resignation earlier given by him be considered to have been withdrawn and also to allow him to continue his service as an Assistant Teacher.