DEVIKA KUMBANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition, invoking jurisdiction under Article 226 of the Constitution of India, the petitioners, 20 in numbers, have approached this Court praying for setting aside the order issued vide Memo No. EAA. 121 / 2001/15 dated 04.09.2001 (Annexure-6 of the petition) passed by the Director of Elementary Education, Government of Assam, Kahilipara (Respondent No. 2) and for further direction to pay their pending salaries from the month of December, 2000 to June 2001 and fiom the month of August, 2001 till the date of filing of the writ petition.

(2.) I have heard Mr. N. C. Das, learned Sr. counsel assisted by Mr. H. Thakuria, for the petitioners and Mr. A. K. Goswami, learned Standing Counsel, Education Department for the Respondents.

(3.) The case of the petitioners, as projected in this writ petition, inter alia, is that, in pursuance of an advertisement made in June, 1996 the petitioners applied for the post of L.P./M/ E. School Teachers in the State of Assam and they were interviewed on the 5th, 6th and 7th July, 1997 for the purpose of selection for appointment to the said posts. It is the case of the petitioners that all the petitioners were duly selected by the Under Secretary to the Govt. of Assam, Education Department and their names appeared in the select list Annexure-1 prepared by the Under Secretary to the Government of Assam, Education Department. On the basis of such selection, the petitioners were appointed by the Deputy Inspector of School Jonai under Dhemaji District as Assistant Teachers in different L.P. Schools of Jonai Sub-Division in the Scale of pay of Rs. 3130-6600/- per month by separate appointment orders issued for each of the petitioners dated 28.12.98, 29.03.00 and 18.11.98 respectively. Although the petitioners claimed at para 4 of the writ petition that they were appointed by the Deputy Inspector of Schools, Annexure-2 series disclose that appointment letters were in fact issued by Sri A.C. Pegu, Director of Elementary Education, Kahilipara. It is further contended that pursuant to the aforesaid appointments the petitioners joined in their respective schools as Assistant Teachers on different dates and were discharging their duties. It is further stated that as the authority did not pay their monthly salaries pursuant to the W.T. Message No. Sec./Edu/l/98/103 dated 12.04.99, the petitioners approached the higher authority who ultimately vide W.T. Message dated 12.09.2000 and 17.11.2000 requested the District Officer to take necessary action for payment of the salary to the teachers from the current year. Thereafter the Under Secretary to the Govt. of Assam, Education Department vide letter No. A(1)E.360/ 2001/16dated 20.06.2001 asked the Deputy Inspector of Schools, Jonai to take necessary steps for payment of salaries of the thirty numbers of teachers, list of which was enclosed with the said letter, provided, the posts are in existence and retained up-to-date. In compliance to the aforesaid order, the petitioners were paid their salaries for the month of September, 2000 and for the months of November 2000 to June 2001. Thereafter, the Director of Elementary Education, Assam by an order under Memo No. EAA.121/ 2001/15 dated 04.09.2001 directed the respondent No. 3 to issue and communicate formal orders of cancellation of appointments in respect of 295 appointees in provincialised L.P. Schools of Jonai Sub-Division along with 30 selected candidates of Jonai who were appointed by the outgoing Director of Elementary Education with a further direction to concerned Headmaster/Headmistresses the respective schools not to allow the aforesaid teachers to attend the duty, hi the said order, the Director also, inter alia, pointed out that as many as 295 teachers were illegally appointed in the provincialised L. P. Schools by the Deputy Inspector of Jonai Sub-Division against non-extent posts. The writ petitioners praying for the reliefs as aforesaid, have challenged the said order dated 04.09.2001 in this writ petition.