MONMOHAN DEKA Vs. ASSAM STATE HIGHER SECONDARY SCHOOL (GOVT. & PROVINCIALISED) DEMONSTRATOR ASSOCIATION

JUDGEMENT

(1.) AT the root of these appeals lies the controversy as to whether, while counting seniority of a Demonstrator under the Assam (Secondary 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 Association, 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.) WE have heard Mr. R.P. Sharma, learned Senior counsel, on behalf of the appellant in Writ Appeal No.266/2011, and Mr. D. Mazumdar, learned counsel, appearing for the appellants, in Writ Appeal Nos.274/2011 and 286/2011. WE have also heard Mr. D.K. Mishra, learned Senior counsel, for the writ petitioner-respondent in Writ Appeal No.286/2011, and Mr. M.R. Pathak, learned Standing Counsel, Education Department, Govt. of Assam.