MANMOHAN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) AT the root of these appeals lies the contro-versy as to whether, while counting seniority of a Demonstrator under the Assam (Secon-dary Education) Provinciliased Service Rules, 2003, (in short, 'the 2003 Rules'), the period of service, which the person concerned had rendered, in the post of Demonstrator, in a Higher Secondary School, shall or shall not be counted.

(2.) A learned Single Judge of this Court has, by judgment and order, dated 06.08.2011, disposed of the writ petition, namely, WP(C) No.4538/2009, by taking the view that the past services, rendered by the members of the petitioner Association, namely, Assam State Higher Secondary School (Government and Provincialised) Demonstrators Associa-tion, in the posts of Demonstrator, shall, under the 2003 Rules, be counted. In consequence of this finding, two letters, dated 30.09.2009 and 05.10.2009, which had been issued by the Government to the contrary and which stood impugned in the said writ petition, were set aside and quashed.

(3.) WRIT Appeal No.266/2011 as well as 274/2011 have been preferred by the persons, who alleged to have been adversely affected by the judgment and order aforementioned, and, according to whom, counting of past service of a person, which the person might have had rendered in the post of Demons-trator, will be illegal and ought not to be counted, for, the post of Demonstrator has been encadred, for the first time, in 2003 Rules, within the expression 'Graduate Teacher', and, hence, the demonstrators shall be treated as Graduate Teachers not w.e.f. from the date of their joining the posts of Demonstrator, but w.e.f. 11.08.2003, i.e. the date on which the 2003 Rules were brought into force.