GAUTAM CHOWDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr.S.N. Sarma, learned senior counsel for the petitioner and also Mr. B.J. Taludkar, learned State counsel. Also heard Mr. B.M. Sarma, learned counsel for the Governing Body and Mr. K.N. Choudhury, learned senior counsel for the private respondent.

(2.) This writ petition has been filed challenging the legality and validity of the order dated 31.5.2002 passed by the respondent authority releasing the petitioner from the post of Accountant of K.C. Das Commerce College, Guwahati pursuant to the Respondent No. 4 of the Governing Body adopted on 19.4.2002.

(3.) The petitioner was appointed as Accountant of K.C. Das Commerce College on whole time basis by the order dated 21.2.97. The College was brought under the Deficit Grants in Aid Scheme with effect from March, 1998. After that the impugned resolution dated 19.4.2002 was adopted to release all the Grade III and IV employees of the College with effect from 1.6.2002 who were appointed without selection. Accordingly, the petitioner was released by an order passed on 31.5.2002. Subsequent thereto, the authority issued the advertisement dated 27.7.2002 inviting applications forthe post of Accountant. The petitioner, without prejudice to his right of legal remedies, submitted application for the post of Accountant. Though promise was held in the resolution dated 19.4.2002 that the employees released would be given preference in the matter of appointment, this petitioner was not even called for interview on the plea that the attestation of his testimonials were post dated.