DHARMES WAR BAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ petition petitioner has made a challenge to an order dated 21.11.2002 by which his services as Sub-Inspector of Police, Border has been terminated with retrospective effect i.e. from 24.5.02. The brief facts leading to the filing of the instant writ petition are as follows:

(2.) The petitioner who is an ex-serviceman was selected by the Sainik Board for his appointment as S.I. of Police (B) under the Respondent. He was appointed on contract basis by an order of appointment dated 22.6.1992. Such appointment to the petitioner was under the scheme formulated by the Government of India in the Ministry of Home Affairs as contained in their letter dated 3rd June, 1987.

(3.) Being aggrieved by certain terms and conditions of service, the petitioner approached this court by filing the writ petition which was registered and numbered as C.R. No. 1698/95. Another writ petition was filed making a similar grievance and the same was registered and numbered as CR No. 2065/ 95 and the same was preferred by one Abdul Quadir holding the same rank as that of the petitioner. Both the writ petitions were heard together and the learned Single Judge by Judgment and order dated 29.2.96 allowed the writ petitions by holding that the writ petitioners shall continue in their services till continuation of the scheme and that their appointments were in the nature of permanent appointment. Being aggrieved, the Respondents preferred writ appeal No. 154/96 which was allowed by Judgment and order dated 1.9.2000 by setting aside the Judgment and order of the learned Single Judge passed on 29.2.1996. Petitioners thereafter preferred special Leave Petition (Civil) No. 17226 before the Apex Court and the learned counsel for the parties submits that the said Special Leave Petition is still pending disposal. The Apex Court while issuing Notice ordered for maintaining status quo by order dated 17.11.2000.