PRABODH CHAKRAVARTY Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. MU Mahmud, learned counsel for the petitioner and Mr. RK Bora, learned Standing Counsel, Education Department, Govt of Assam.

(2.) The writ petitioner was appointed as Lower Division Assistant (LDA) in the Dhumerghat Higher Secondary School on temporary' and honorary basis by an order dated 10.3.98, issued by the Principal-cum Secretary, Dhumerghat Higher Secondary School. The petitioner claims to be in employment in the said school, in the said capacity, even as on date. As a regular post of LDA in the school had fallen vacant on superannuation of the concerned incumbent on 31.12.2000, the instant writ application has been filed for an appropriate direction by this Court in the matter. The present approach to this Court, it must be noticed, has been preceded by certain recommendations in favour of the writ petitioner in so far as the vacant post of LDA in the school in question is concerned.

(3.) The State has filed an affidavit wherein it has been admitted that the temporary and honorary appointment of the petitioner has been made in the interest of smooth functioning of the school and that the vacancy that had occurred, as claimed by the writ petitioner, could not be filled up due to ban on appointment by the Govt.