CHANDIRAM NARAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this batch of writ petitions the order under challenge is the one dated 07.04.2011 (Annexure-13) passed by the Commissioner and Secretary to the Govt. of Assam in the Education (Elementary) Department by which the claim of the petitioners for payment of salary withheld from August, 2007 has been rejected. The order so passed is pursuant to the judgment and order dated 05.02.2009 passed in a batch of writ petitions including W.P.(C) No. 2651/2008 and W.P.(C) No. 2735/2008 in which the present petitioners were the writ petitioners alongwith some others. To be precise, the present petitioners involved in W.P.(C) No. 3532/2011, W.P.(C) No. 5384/2011, W.P.(C) No. 3535/2011, W.P.(C) No. 3437/2011 were the petitioners No.2, 4, 5 and 6 respectively in W.P.(C) No. 2651/2008. On the other hand, the petitioners involved in W.P.(C) No. 3886/2011, W.P.(C) No. 3870/2011, W.P.(C) No. 3859/2011, W.P.(C) No. 3888/2011 and W.P.(C) No. 3956/2011 were the petitioner Nos. 1, 2, 3, 4 and 5 in W.P.(C) No. 2735/2008.

(2.) According to the petitioners, they were appointed pursuant to various judgments and orders passed by this Court. One of such judgments is the Division Bench Judgment dated 15.02.1991 passed in writ petitions being CR. No. 1637/1989, CR. No. 1638/1989, CR. No. 1748/1989 and CR. No. 1926/1989.

(3.) The said writ petitions were disposed in which it was held that those honorary teachers having had 10 years of service would be entitled to regular appointment. The direction was issued for payment of salary from March, 1991. The petitioners have also placed reliance on the judgment and order dated 19.05.1994 passed in another writ petition being CR. No. 97/1994 by which the learned Single Judge of this Court in reference to the aforesaid Division Bench judgement, issued direction to take a decision with regard to regularisation of services of the petitioners in the light of the said Division Bench judgement. Another judgment on which the petitioners have placed reliance is the Division Bench judgement dated 25.04.1998 passed in CR. No. 212/1987 by which the Division Bench in reference to the provision of Assam Elementary Education (Provincialisation) Rules, 1997, issued direction to consider the case of the petitioners involved in the said writ petitions in the light of the observations made in the said judgment. It was observed that while selecting candidates according to the percentage of division preference will be given to the persons having Senior Basic Training, Normal and Junior Basic Training courses.