ABDUL MOTALIB Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Singha, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the respondents No. 1, 2, 3 and 4 being the authorities under the Higher Education Department of the Government of Assam and Mr. A.M. Ahmed, learned counsel for the respondent No.5 being the Principal, Haji Anfor Ali College.

(2.) The petitioner was appointed as a lecturer in the subject Education in the Haji Anfor Ali College, Dabaka, Nagaon as per the resolution No.1 of the governing body of the college in its meeting held on 20/8/1998. Accordingly, the petitioner joined as a lecturer on 25/8/1998. It is also stated that the petitioner was appointed pursuant to some advertisement, interview and selection although we have not verified the same aspect.

(3.) The fact remains is that when the petitioner was appointed there was no sanctioned post of lecturer in the subject Education in the college concerned. But nevertheless the petitioner continued to serve in it. The authorities in the Higher Education Department of the Government of Assam had come across similar situation in many other colleges where lecturers were working against the non-sanctioned post. The said consideration resulted in the OM. B(2)H.97/2003/98 dtd. 17/7/2004. Paragraph-4 of the O.M dtd. 17/7/2004 is extracted below:-