JAGADISH DEKA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) BEING aggrieved by the inaction of the State respondents in regularising his services, the petitioner is before this Court seeking redress, I have Heard Mr. Sarma, learned counsel for the petitioner and also Mr. K.C. Mahanta, learned State counsel.

(2.) THE petitioner was appointed as a Driver in the Office of the District Elementary Education Officer, Nalbari on 16.12.1988. Though he was initially appointed for a period of 90 days, his appointment was thereafter extended from time to time. His appointment was in the scale of Rs. 420/ - to 730/ -. Eventually, he was allowed to draw the fixed pay at the rate of Rs. 1330/ - per month with effect from 1.9.1997. The petitioner has categorically stated in the petition that he is in continuous services from 16.12.1988. His prayer before the State authorities for regularisation of his service has fallen into deaf ear. This Court by order dated 19.8.1998 passed in Misc. Case No. 880/98 directed that the petitioner should not be ousted from the post of Driver and that he should be paid his salary until further orders.

(3.) THE respondents have no denied in their affidavit that the petitioner is continuing in service. As a matter of fact, the certificate issued by the District Elementary Education Officer, Nalbari (Annexure -D to the writ petition) is to the effect that the petition is serving the said office since 16.12.1988 as a Driver.