ARJU ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. A. Sheikh, learned counsel for the appellant/writ petitioner. Also heard Mr. R. Mazumdar, learned Standing Counsel, Education Department.

(2.) This intra-court appeal, under Article 226 of the Constitution of India read with Rule 2(2) of Chapter V. A of the Gauhati High Court Rules, has been preferred against the judgment and order dtd. 9/11/2017, passed by the learned Single Judge in WP(C) No. 3723/2012 and order dtd. 31/3/2021, passed in I.A.(C)/2232/2020, arisen out of WP(C)/3723/2012.

(3.) The case of the appellant/writ petitioner is that he was serving in a permanent post of Assistant Teacher in Jalukbari Girls' High School and he was appointed, vide order dtd. 5/6/1995, under the Memo No. PC/SEC/58/92/54, issued by the Director of Secondary Education, Assam, Kahilipara, Guwahati. The post of subject teacher in English of All Assam Miri Higher Secondary School, North Lakhimpur, was created vide the Government Letter No. EPG.567/91/113, dtd. 16/11/1991, and the same was withdrawn and allotted to Jalukbari Higher Secondary School, Kamrup, Guwahati. But, without any notice and assigning any reason, the present appellant/writ petitioner was appointed temporarily as a subject teacher in Economics against the allotted post in Jalukbari Higher Secondary School, Kamrup, Guwahati, in the scale of pay of Rs.1785.004200 P.M. plus other allowances as admissible under the Rules. As he was appointed as a subject teacher in Economics at Jalukbari Higher Secondary School, he resigned from the post of Assistant Teacher of Jalukbari Girls' High School and joined as a subject teacher of Economics in the said Higher Secondary School and was drawing his salary regularly for 1 (one) year till May, 1996 and thereafter his salary was held up due to non-receipt of retention order from the Government of Assam.