JIBAN CH DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners in this group of cases except in WP (C) No. 6619/03,3634/01 and 4794/2000, are teachers of different L. P. Schools, M. E/m. V. , High and Higher Secondary Schools of the State of Assam, who were appointed by the managing Committee prior to taking over of the schools under the provisions of the Assam, Elementary Education (Provincialisation) Act, 1974 and the Assam Secondary Education (Provincialisation) Act, 1977. On such take over being effected, the services of the petitioners have not been provincialised. They, therefore, claim to be "dropped teachers". The petitioners in the 3 other writ petitions mentioned above, are similarly situated members of the non-teaching staff of the schools in question. The relief of regularisation of services is the essence of the relief claimed in the present bench of cases that have been grouped together.

(2.) IN view of the common thread that is discernible in each of the cases which give rise to a distinctly identifiable common question of law, it will hardly be necessary to traverse the factual matrix in each of the cases except to put on record that all the petitioners claim long years of service rendered either on notional pay or even on honorary basis. Each of the petitioners claim continuity of service since their initial appointment and further assert that such continuation, which continues till date, have been with the knowledge and concurrence of the District Level Officer of the Education Department. There is need for the posts held by the petitioners, it is claimed, a claim sought to be fortified by the documents brought on record, which in must cases, would go to show that the recommendations made by the Managing Committee have been duly supported by the request made by different District Level Officers, for sanction of the posts and for appointment of the petitioners on regular basis against the said posts. A legal right to a fair consideration of their cases for regularization is, therefore, claimed in each of the writ petitions.

(3.) THE Respondent State has filed an affidavit in WP (C) No. 5399/03 with a prayer to treat the same as reflecting a common stand in all the cases. The State has not been unmindful of the plight of the "dropped teachers", claims the State. Over 6000 such teachers have been adjusted against regular posts in accordance with the norms, policy and guidelines introduced from time to time. Such norms and policy have been periodically reviewed in the light of the experiences gained and the ever changing commitments and constraints of the State. The State, in the affidavit filed, has enclosed a policy document dated 13. 1. 2003, which has now been introduced to cover the cases of the "dropped teachers". Such cases will be dealt with by the State in accordance with the said policy and all those, who are found to be eligible will be regularized in a phased manner as indicated in the policy. The policy, it is conceded, would apply to members of the non-teaching staff also, whose cases will be similarly dealt with.