ASH BAHADUR CHETRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) BOTH these appeals though register a challenge to two different decisions in the related writ proceedings, the parties are same and in view of the affinity in the issues raised, were analogously heard and are being disposed of by this common Judgment and order.

(2.) WE have heard Mr. P. Mahanta, learned Counsel for the appellants and Mr. A. K. Goswami, Sr. Advocate, assisted by Ms. B. Sharma, Advocate for the Karbi Anglong Autonomous Council, Diphu (hereafter referred to as the Council ).

(3.) THE pleaded versions of the parties have to be noticed at the threshold to properly evaluate the arguments advanced. According to the appellants, they having come to learn about existing vacancies in various posts of Assistant Teachers in several schools of Karbi Anglong district within the jurisdiction of the Council, applied for appointment thereto. In terms of the Resolution No. 3 dated 10. 10. 2000 adopted by the then Executive Committee of the Council, they, following a scrutiny of their testimonials were appointed as Assistant Teachers initially on adhoc basis for a period of four months in different schools on various dates against regular sanctioned posts. The initial terms of their appointment were thereafter extended from time to time on different dates and consequently they continued in service without any break. The appellants have maintained that with regard to the issues pertaining to selection, appointment, transfer, promotion and regularization of services of teachers in the Department of Education within the jurisdiction of the Council, it (Council) is vested with the exclusive authority to make appointments in the post of Assistant Teachers in L. P. /m. E. /m. V. /high School/higher Secondary Schools located within its administrative territory. For such recruitment, a jurisdictional Inspector of Schools, upon receiving applications from the intending candidates use to prepare a list of the applicants and forward the same to the Secretary (T), I/c Education, Karbi Anglong Autonomous Council who in turn forwarded the same with all supporting documents to the Executive Member to select the candidates. On the approval of the names of the selectees, the Inspector of Schools, Karbi Anglong, used to issue appointment orders in terms of the directions issued by the Secretary (T), I/c Education. According to the appellants, their appointments were made following the said procedure. Though they had been appointed as above during November/ December, 2000, and meanwhile their terms were extended from time to time, the Council Authorities did not pass any further order of extension from February, 2002. The appellants' applications for extension of their services also remained unheeded. In this premise, the appellants approached this Court with W. P. (C) 3141/2002 and W. P. (C) 3192/2002 praying for an appropriate writ declaring them to be in service as well as for disbursement of their salary. This Court by order dated 17. 5. 2002 while issuing notice of motion as an interim measure directed the respondent Council not to replace the appellants by adhoc employees. Their salary, both arrear and current, was also directed to be released.