KUKHESWAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. N. Saikia, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned standing counsel for the Secondary Education Department, respondent nos. 1 and 3. None appears on call for the Finance Department, respondent no.2.

(2.) The petitioners have joined together, claiming common cause of action, and have filed this writ petition under Article 226 of the Constitution of India. The case projected by the petitioners is that they have been working as Post Graduate Teachers in different Junior Colleges and/or Senior Secondary Schools in different districts of the State. Their appointment was made in the year 1994, 1996, 1997, 1998, 2002, 2003 and 2009 respectively, and it is claimed that the petitioners are working in the first and/or second available vacancies in their respective subjects on honorary basis. However, despite rendering such a long and continuous service, the service of the petitioners has not been regularised. It is projected that all the institutions, where the petitioners are working, were established prior to 1/1/2006, and since then they are having due permission, recognition and subject concurrence from the Department of Education, Government of Assam.

(3.) In this regard, the learned counsel for the petitioners has submitted that as per Sec. 3 of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, all the petitioners were fulfilling the requisite eligibility criteria for being considered for provincialisation of their services. Accordingly, it was submitted that in the year 2014 and 2017, the Inspector of Schools of Dhemaji and Lakhimpur districts had recommended the names of the petitioners for regularisation of their services. It was also submitted that although the process for regularisation of the service of the petitioners was going-on, but the petitioners were deprived of such benefit. Accordingly, the petitioners have approached this Court by filing this writ petition under Article 226 of the Constitution of India. The prayer in this writ petition is for a direction upon the respondent authorities to regularise/ give benefit of provincialisation of service with immediate effect since persons junior to the petitioners had been given the benefit of provincialisation of their service.