MD. ABED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Talukdar, learned counsel for the petitioner. Also heard Mr. R. Mazumder, learned counsel for the respondents.

(2.) The petitioner was appointed as a subject teacher in Logic and Philosophy in the Paschim Banbhag Higher Secondary School on 29/12/2010. The appointment was made on honorary basis inasmuch as, there is no sanctioned post of Logic and Philosophy in the school at that relevant point of time.

(3.) It is taken note that the school concerned has students in the subject Logic and Philosophy and the petitioner is discharging duty as a subject teacher and attending the need of the students in the required manner. The past events of Paschim Banbhag Higher Secondary School would go to show that earlier there was a sanctioned post for a subject teacher in History but subsequently by the letter No. B(3) S-352/99/44 dtd. 13/7/2000 of the Director of Secondary Education, the said post was converted as the third post in the subject Assamese. It is stated that considering the number of students etc. there was no requirement of a third post of Assamese in the school concerned and the post which was converted as the third post in the subject Assamese is lying unutilized and vacant at present. On the other hand there was no vacant post of Logic and Philosophy in the school concerned where the petitioner is working and also considering the number of students who opt for the subject Logic and Philosophy there is a requirement for a sanctioned post in the subject Logic and Philosophy.