DEBDUT NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. I. Das, learned counsel for the petitioner No.1 and also heard Mr. P.K. Bora, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.1, 3 and 4.

(2.) In this petition, under Article 226 of the Constitution of India, two petitioners, namely, Debdut Nath and Nadul Chandra Dey, have prayed for issuing direction to the respondent authorities to adjust/re-adjust the services of the petitioners against the existing vacant posts as shown and proposed in the proposal submitted in SIU(Finance) format vide Annexure-10A by granting necessary approval from the Finance Department, Govt. of Assam without any break of their services by clarifying/holding that the order of restrainment dtd. 19/1/2009 passed in WP(C) No.5569/2002 and batch, vide Annexure-12, is not binding/applicable in case of the petitioners whose services were regularized way back in the year 2006 vide order dtd. 30/1/2006 and also direct the respondent authorities to pay the petitioners their arrear salary w.e.f. June, 1994 till the date and onward current salary regularly and further to grant other service benefits which the petitioners are legally entitled to and also for quashing and setting aside the condition attached to the impugned order dtd. 30/1/2021 to the effect that the petitioner would get prospective effect from 1/11/2020 only and that he cannot claim any benefit whatsoever in respect of his first service rendered by him prior to 1/11/2020.

(3.) The background facts leading to filing of the present petition is briefly stated as under:-