K ZORAMMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) ONE hundred and eight (108) petitioners have joined together and have filed the present writ petition seeking a direction upon the respondents to consider their case for regularization as primary school teachers. They have also challenged that part of the communication dated 28.9.2011 issued by the Under Secretary to the Govt. of Mizoram, School Education Department whereby 166 posts were directed to be filled up by way of open advertisement.

(2.) PETITIONERS were appointed in June, 2001 as primary school teachers under Operation Blackboard scheme (OBB), which was a Centrally Sponsored scheme (CSS). Their appointments were co -terminus with the subsistence of the scheme. Petitioners continued in their service till the year 2003 when the OBB scheme was discontinued. Thereafter, they were engaged as school teachers under the Sarva Shiksha Abhiyan (SSA) scheme on contract basis in June, 2003. Such appointments continued till May, 2008, when the Central Govt. stopped reimbursement of funds under the SSA scheme. Petitioners were then engaged as primary school teachers on contract basis by the State Govt. w.e.f. 1.6.2008 and they are continuing as such till date.

(3.) FORTY four (44) persons who were appointed as primary school teachers like the present petitioners under the OBB scheme had approached this Court by filing WP(C) No. 161/2002, challenging discontinuance of their service w.e.f. 1.4.2002 and seeking a direction for their absorption in the post of primary school teacher w.e.f. 1.4.2002 with all service benefits. A Single Bench of this Court by the judgment and order dated 8.4.2004, directed consideration of their case for absorption against present or future vacancy and till they were absorbed or adjusted in phased manner according to their seniority, the State respondents were directed not to make any direct recruitment to the vacant posts without first considering the case of those petitioners as per seniority and any other criteria as may be laid down.