JOGESWAR RABHA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) This writ appeal is presented against the judgment and order dated 03.03.2009, passed by the learned single judge in WP(C) No. 127 of 2008, dismissing the writ application and upholding an order dated 22.11.2007, passed by the Director of Secondary Education, Assam, whereby claim of the petitioner for salary from the month of June, 1995 and regularisation of his service was rejected.

(2.) The pleaded version of the writ petitioner, in brief, in the writ petition is that the writ petitioner was appointed temporarily for a period of three months as a Grade-IV employee in Indira High School, Pukhuripara, Goalpara, Assam, by the Director of Secondary Education, Assam, by an order dated 16.12.1994. The petitioner joined the post on 10.01.1995. Subsequently, the Director of Secondary Education, Assam, by an order dated 25.04.1995, extended the period from 10.04.1995 to 09.08.1995. Thereafter, the period of service was extended from time to time by the Inspector of Schools, Goalpara. In the last such order dated 12.06.1996, he was allowed to continue in his service until further order. He was paid his salary for the period from 10.01.1995 to 31.05.1995 and since June, 1995, he was not paid his salary. Ventilating his grievances of non-payment of salary and non-regularization of service, the writ petitioner approached this Court in WP(C) No. 5108 of 2009, which was disposed of by this Court by an order dated 08.10.1999, directing the Director of Secondary Education, Assam, to enquire into the matter and to pass appropriate orders regarding entitlement of the petitioner to salary. As the order of this Court was not complied with, the writ petitioner, once again approached this Court by filing WP(C) No. 1669 of 2005, making similar grievances as were made in the earlier writ petition. The said writ petition was disposed of by an order dated 19.06.2007, remanding the matter to the Director of Secondary Education, Assam, to pass appropriate order.

(3.) The order dated 22.11.2007 was, accordingly, passed by the Director of Secondary Education, Assam, negating the claim of the appellant.