MOTILAL VERMA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. G.P.Bhowmik, learned senior counsel assisted by Ms. P. Chetia, learned counsel representing the petitioner as well as Mr. U. K. Goswami, learned counsel representing respondent nos. 1, 2 and 3. Also heard Mr. S.Chamaria, learned counsel representing respondent no.4.

(2.) At the relevant time, Sri Durga Mandir Hindi High School, Paltanbazar, Dibrugarh was an aided Educational Institution and in so far as conduct and discipline of the employees are concerned, the same was governed under the Assam Aided Educational Institutions and Higher Secondary Schools and High Madrassa (Conduct & Discipline of the Employees) Rules, 1960.

(3.) The petitioner was appointed as an Assistant Teacher on 15.9.92 and same received approval of the Managing Committee thereafter. The fact that the petitioner was working on regular basis is itself apparent from the order dated 14.6.2002 of the Director of Secondary Education, Assam by which the Headmaster of Sri Durga Mandir Hindi High School was asked to release teachers appointed on regular basis to undergo a course of B.Ed training. Amongst the teachers so selected, the name of the petitioner also finds mention in the list. For all intents and purposes the petitioner was an employee of the school receiving maintenance grant from the Government.