ANIL CH.SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal arises out of the common judgment and order dated 15.2.2011 passed in three writ petitions being W.P(C) No. 4477 of 2010, W.P(C) No. 4478 of 2010 and W.P(C) No. 4479 of 2010, as common issues were raised in the said three writ petitions. The petitioners therein had sought for regularising their services as Principals of their respective schools in which the petitioners were allowed to hold charge/current charge as Principals, which was rejected by the learned Single Judge. The petitioners were serving as Assistant teachers/subject teachers/graduate teachers on regular basis. The petitioners, while serving as Assistant teachers/subject teachers/graduate teachers on regular basis, were allowed to hold the charge of Principals in their respective schools under F.R.49 (c) against the vacant posts of Principals arising out of retirement/resignation of the respective incumbent Principals from the respective posts during the period 1999-2010. It was the contention of the writ petitioners that since they were allowed to function as the Principals in-charge without any break and they continued to discharge the duties and responsibilities of the higher post in addition to their normal duties and also claiming that those who were similarly situated had been regularised and given pay benefits attached to the higher post of Principals, approached this Court by filing writ petitions. The learned Single Judge, after hearing the parties, dismissed the writ petitions by giving the following findings at para Nos. 5 and 6:

(2.) Heard the learned counsel appearing for the parties.

(3.) It is an admitted fact that the petitioners were directed to hold the charge of the post of Principals under F.R. 49 (c). Therefore, it may be relevant to reproduce the provision of F.R. 49(c) as below:-