MD SAURHAB ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. DK Saikia, the learned counsel appearing for the petitioner in both the cases. The respondent Nos.1 & 2 are represented by Mr. M Choudhury, the learned standing counsel for the Department of Higher Education. The learned counsel representing the Kharupetia College (respondent No.3) is not present in Court.

(2.) Although grievances are common in both the cases, this is the 3rd Writ Petition for Md. Saurhab Ali, who has filed the WP(C) 3803/2008, whereas the other petitioner Md. Shah Alam has approached the Court for the first time through the WP(C) 610/2010. The two petitioners joined the Kharupetia College in different capacities and eventually Md. Shah Alam was appointed as LDA on 4.9.1990 and the petitioner Md. Saurhab Ali was also posted as LDA on promotion on 31.5.1990.

(3.) While the two petitioners were serving as LDAs, the Arts Stream of the Kharupetia College was brought under the deficit system of grants-in-aid w.e.f. 25.3.1998 along with 18 other colleges, through the Govt. Notification dated 20.8.1998 (Annexure-C). This was followed by the sanctioning of teaching and nonteaching posts in the Arts Stream of the colleges, through the communication dated 17.9.1998 (Annexure-D). Initially 5 posts of LDAs were sanctioned for the Arts Stream in the Kharupetia College but subsequently only 3 LDAs posts were sanctioned and thus the service of three senior most LDAs were provincialised.