AJANTA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr SK Das, counsel for the petitioner and Mr J Talukdar, counsel for the respondent No.5. Also heard Mr NJ Khataniar, counsel for respondent Nos. 1 to 4.

(2.) Petitioner's case is that he was selected by the Sub Divisional Selection Board, Bajali and appointed as an Assistant Teacher in the scale of pay of Rs. 3130/- to Rs. 6600/- per month plus other allowances and posted at Pathsala MV School vice Sri Manoranjan Choudhury, Assistant Teacher who had retired. The petitioner joined his service on 3.12.99 and since then he has been regularly working in the said school till date. The petitioner's appointment order dated 29.11.99 had been issued by the District Elementary Education Officer, Barpeta. However, due to the fact that the petitioner's appointment was considered to be an irregular appointment, the petitioner has not been given his monthly salary w.e.f the date of his joining till date.

(3.) The petitioner had earlier instituted WP(C) 99/2002 before this Court which was disposed of vide order dated 4.3.2002 with a direction to the respondents to examine and verify the claim of the petitioner and if it was found that the petitioner was appointed in a regular manner against an existing post, the petitioner should be paid his pay and allowances for the services rendered by him. As the order dated 4.3.2002 was not complied with by the respondents, the petitioner filed Cont. Case (C) No. 366/2003. During the proceeding of the contempt case, the respondents produced an order dated 4.11.2003 wherein the authority had held that the appointment of the petitioner was against a non-existent post and he had not undergone any selection prior to his appointment. The appointment of the petitioner was therefore held to be illegal. In view of the order dated 4.11.2003, Cont. Case (C) No. 366/2003 was closed.