ISHAN CHANDRA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned counsel for the respondents no. 1 and 5 being the authorities under the Elementary Education Department of Government of Assam, Mr. P. Nayak, learned counsel for the respondent no. 2 being the authorities under the State Council of Education Research and Training, Assam and Mr. G. Saha, learned counsel for the respondent no. 3 and 4 being the Governing Body and Principal of the Government College of Teachers Education, Tezpur, Assam.

(2.) By the order dated 07.01.2021 the Finance Department of Government of Assam through the Commissioner and Secretary was also arrayed as respondent no. 6. Mr. P. Nayak, learned counsel also appears for the respondent no. 6 being the Finance Department.

(3.) The petitioner was appointed as a night chowkidar as per the order of Principal of Teachers' Training College, Tezpur on a temporarily basis during the leave period of another person Sri Madan Keot with effect from 06.07.1994. It is not known whether Sri Madan Keot had rejoined his service after the leave period but the fact remains that the petitioner upon such appointment continued to serve as a night chowkidar in the Teachers' Training College, Tezpur. Subsequently the Principal-In-Charge of the Government College of Teacher Education by a communication dated 07.12.2010 addressed to the Director, SCERT had informed that the Institution was taken over by the Government as per the Notification No. A (I) E 685/96/131 dated 27.02.1998 and had sanctioned five numbers of posts for the non-teaching staff but in doing so, the post of night chowkidar had been dropped. The communication stated that Sri Bir Bahadur Karmakar who was a sweeper in the college and working against one of the five posts of non-teaching staff would retire on 28.02.2011. Consequently a suggestion was made that as the petitioner was serving as a night chowkidar since his initial appointment, his appointment may be considered against the vacant post of sweeper.