MUDSIDUL ISLAM (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) The prayer for release of arrear salaries of the two appellants for the services rendered from the date of their regularization namely 24/4/1998 having been rejected by the learned Single Judge vide common Judgment and Order dtd. 1/9/2016 dismissing the writ petition being W.P.(C) No. 2698/2010, the appellants are before this Court by way of this Writ Appeal.

(2.) The appellants were appointed as Assistant Teachers in Primary Schools in the district of Nagaon having been appointed by the Managing Committee of their respective Schools. Their services were subsequently regularized with effect from 24/4/1998 by the Director of Elementary Education, Assam in pursuance to the Government letter No. W.A. 474/94/254 dtd. 9/12/1998 by considering them as "drop teachers" against the sanctioned posts under the Scheme of Operation Black Board (OBB) 4040. Subsequently, 52 numbers of posts belonging to the OBB 4040 group of teachers, including the posts on which the appellants were regularized, were cancelled by orders of the Commissioner and Secretary to the Government of Assam, Education Department vide letter No. A(1)E.562/99/60-A dtd. 27/9/1999. All these 52 numbers of teachers including the appellants in several groups approached this Court challenging the order dtd. 27/9/1999 cancelling their appointments. The writ petition preferred by the present appellants was numbered as W.P(C) No. 6246/1999 challenging the cancellation order. This Court passed interim orders in the writ petition by staying the operation of the cancellation order dtd. 27/9/1999 and directing the respondents not to give effect to the cancellation orders. Subsequently, following such interim order passed by this Court, the cancellation orders passed by the Department dtd. 27/9/1999 were all withdrawn. Notwithstanding the withdrawal of the cancellation orders, the petitioners however continued to work in their respective schools without any salary. The writ petition being W.P(C) No. 6246/1999 came to be taken up for final disposal and by Judgment and Order dtd. 21/7/2004, the writ petition was dismissed holding that since the initial appointments of the petitioners were illegal, no regularization of such illegal appointments could have been made. The withdrawal of the cancellation order dtd. 27/9/1999 cancelling the appointments of the writ petitioners along with other similarly situated teachers, was not brought to the notice of this Hon'ble Court at the time of hearing and disposal of W.P(C) No. 6246/1999. The said Judgment was thereafter assailed in an intra-Court appeal by way of W.A. No. 292/2005. By interim order dtd. 24/8/2005 passed in W.A. No. 292/2005, it was directed that the petitioners should be allowed to continue on their posts until further orders. Subsequently, W.A. No. 292/2005 was also disposed of as infructuous vide Order dtd. 12/8/2010 as the Department had withdrawn the orders cancelling the regularization of the writ petitioners/appellants.

(3.) Thereafter, the appellants as writ petitioners preferred a writ petition being W.P(C) No. 2698/2010 praying for a direction for release of their salaries for the services rendered by them. The learned Single Judge vide impugned order dtd. 1/9/2016 passed in W.P (C) No. 2698/2010, rejected the claims of the writ petitioners and the writ petition was dismissed. Being aggrieved, the present writ appeal has been preferred assailing the impugned Judgment and Order dtd. 1/9/2016 and praying for setting aside of the impugned Judgment and Order. The writ appeal was preferred on the following grounds: